Post 341 Question

[getouttadebt]

I was looking on PACER and found the following under the Deadline/Schedule link:

Deadlines/Hearings

Deadline/Hearing Event Filed Due/Set
Objection to Discharge Due 01/29/2008 05/05/2008
Objections Due 03/06/2008 04/07/2008
Hearing 03/05/2008 03/25/2008
341 Meeting 01/29/2008 03/05/2008

The Hearing scheduled for 3/25/08 has been waived. It was a motion filed by the mortgage company, but this hearing will not take place since we are surrendering the house.

My main question is this: Objections are due by 4/7/08? I believe this is the date by which a creditor must file an objection if they are seeking to challenge a discharge, right? If any of them file an objection, then I assume some document will be posted to PACER? Again, I am not expecting any -- but I view this as 4/7/08 might be a day to celebrate. There are several key dates in the process, so this is just one more milestone to reach.

Then the next thing is on 5/5/08 which I believe is the last day for the Office of the US Trustee to object to a discharge. After our 341 we were ruled No Asset the very next day. Is this really what that means?

I have a another question -- my attorney says we were a random audit case and the OUST asked for some clarifications prior to our 341. They were satisfied with our documentation and they haven't requested anything else. I've been reading on this forum that if you are a random audit, then that follows you throughout your case. Does this mean that after 4/7/08 when no creditors object that the OUST will scrutinize my case once again because of this random audit thing?

And, finally, can someone explain the relationship between the Trustee and OUST? If everything is in order and the Trustee rules No Asset, and a full discharge is in order -- how likely is it that the OUST will object to a discharge?

Thanks for any insights on this rather long message...

getouttadebt

[DivorceRuinedMe]

Well - I think I can offer some insight into this b/c my case was a random audit too. I believe that yes, your case is scrutinized extra by the US Trustee b/c it was an audit case. (The US Trustee overseas your bankruptcy and makes sure everything is done correctly by the local trustee). On the last day for objections the US Trustee filed a motion to extend my discharge 60 more days. She did this b/c the audit firm hadn't submitted the report from the audit yet. The court granted the motion to extend so now I'm waiting another 60 days.

The audit basically controls what's going to happen with your case - you are on a somewhat different timeline than a normal bankruptcy because of it. (Creditors only have 60 days to object still - it just may take longer for you to get discharged and closed than a normal case). Hope this helps!

[cirnrab]

so how do you know if your case is audited? If mine were to be audited would I know by now?

[lrprn]

so how do you know if your case is audited? If mine were to be audited would I know by now?

You are notified by US mail and the document is filed on PACER. Courtesy of Bankruptcy Law Network at http://www.************************/...nkruptcy-case/ here's the timeline: