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Trustee sending out subpoenas to my bank after discharge

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    Trustee sending out subpoenas to my bank after discharge

    I was discharged from my chapter 7 case on 3/05 after a long drawn out 8 months. My case was a little complicated. The trustee's attorney had an extra 60 days to file an objection. Well the judge for some reason closed it out 10 days early. The 60 days were offically up on March 16th. Now the trustee's attorney as of today march 19 is sending out subpoena's for more bank statements. Can he do this? Is he stupid or blind? Doesn't he know that the judge signed the order for the discharge? Could there be a reason for this? FYI my case isn't closed yet just discharged!
    Thank you



    Filed: 7/11/08
    341: 8/18/08
    objection to dicharge due: 10/15/08
    1/12/09: 60 day extension
    Last day to file objection is:3/16/09
    BK discharged by judge on:3/05/09

    #2
    Ugh - I've never heard of this happening before. Out of curiosity, how did you know the trustee's doing this? Is this the panel trustee or the U.S. Trustee getting the subpoenas?

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      #3
      I checked with pacer. They are 3 days late in filing this. The trustee's attorney for the case file the subpoenas today. Is it possible he didn't know the judge discharged me? Is he that dumb

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        #4
        When you checked with PACER, did you actually open the document and see the date of the request or are you going by the date that appears in the "History" screen? There can be some lag time between when documents are filed with the court and when the court clerk gets around to entering them in PACER.

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          #5
          Not knowing everything about your case you need to understand that discharge and close are two different things.

          Yes even after discharge the trustee can supoena bank records. However he should only be looking at the ones from before the filing date I'd imagine.

          He is probably looking for assets I guess, though why so late in the game I don't know.

          Closing is something that ends the case. It is done after any available assets are dispersed and the trustee has filed his report. It could be the trustee just needs the bank records for his own records.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

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