day 58 and no report of no distribuetion

[garyp15]

It has been 58 days since my 341 an there is still no statement of no distribution listed on PACER. PACER does show as case as ASSET/NO.

What could be holding the no dist. report up?

Also, does this effect my 60 day timeline?

[drowning123]

That's a long time. But, remember, just because it's not on PACER, that doesn't mean it doesn't exist. You have to remember that it's humans who enter this information. You know how "efficient" courts are. Hang in there.

[tcreegan]

Hi garyp15,

I'm not as patient as you are, when I was hitting 40+ days I called the trustees office. They said he was buried under a backlog of papers, running about a month behind. To my knowledge it doesn't affect the 60 days....but 75 is the new 60 these days; lots of folks waiting past the 60 days for the discharge to get entered.

Hang in there, it will be any day now......

Tom in Colo

[justbroke]

This does not "technically" affect the "last date to file a complaint to determine dischargeability". In other words, it doesn't affect the deadline for any creditor or Trustee to file a complaint about your discharge. Once that 60 days has passed, you are in the "safe harbour"!!!

Now, it will affect the date that the actual Discharge Order is issued, since the Court/Judge needs that to determine what debt is being discharged.

Best of luck to you!

[garyp15]

Justbroke,

Thanks for the reply. If there are no objections to discharge by day 60 wouldn't the judge/court discharge all the debts?

Also, do you have any ideas as to what could be causing the delay in the posting of the report of no dist. ?

BTW...thanks in advance for sharing your insights. You are a wealth of info. As it is coming down to the wire I am getting a bit crazy.

[backtoschool]

This could also mean that you are being turned into an asset case. It will show as asset/no on pacer until the trustee files an interim report.

[garyp15]

This could also mean that you are being turned into an asset case. It will show as asset/no on pacer until the trustee files an interim report.

backtoschool,

So at this point is there anything I can do to find out if I am getting turned into an asset case? Or is it best to do nothing.....Now I'm getting worried.

[garyp15]

Hi garyp15,

I'm not as patient as you are, when I was hitting 40+ days I called the trustees office. They said he was buried under a backlog of papers, running about a month behind. To my knowledge it doesn't affect the 60 days....but 75 is the new 60 these days; lots of folks waiting past the 60 days for the discharge to get entered.

Hang in there, it will be any day now......

Tom in Colo

Tcreegan,

Thanks for the info...I really don't know what to do here to find out what is going on. I have seen people in my district get their no dist. reports right after the 341. I'm guessing that I should just let the sleeping dog lie for now.

[justbroke]

If there are no objections to discharge by day 60 wouldn't the judge/court discharge all the debts?
Also, do you have any ideas as to what could be causing the delay in the posting of the report of no dist. ?

The objections to discharge is a bar date. After the 60 days, there isn't much any creditor, or Trustee for that matter, can do to prevent the discharge. Remember that the discharge and closing are two separate and distinct actions, even though a case can "autoclose" right after it is discharged.

So, back to "wouldn't the court/judge discharge all debts?" No. The "actual" discharge order is issued by the judge, but not until the Trustee issues a Report of No Distribution or a Preliminary Report of Distribution. The court's order can't be issued until the Trustee has determined just "what" is going to be discharged.

The key point is, and I know that everyone worries about the actual discharge order, is crossing that 60-day mark where a creditor/trustee can no longer file a complaint to determine dischargeability! (Only in cases of actual fraud can the discharge be vacated by the creditor/trustee, unless there was some "error" in issuing the order -- since the Clerk usually issues the order in the Judge's name.) Again... cross the 60-day mark, and you will receive a discharge. Whether that discharge "order" will come on Day 61 or Day 121, is an administrative issue.

Closing is a totally different administrative aspect and I'm purposefully avoiding posting about that.

The only thing I could speculate about is that either the Panel Trustee is extremely busy and it's taking them time to issue the report of no distribution (I heard this is especially true in California), or that the Trustee thinks that there may be assets to administer and is going to use every moment to determine that before issuing any report.

[backtoschool]

backtoschool,

So at this point is there anything I can do to find out if I am getting turned into an asset case? Or is it best to do nothing.....Now I'm getting worried.

The trustee will file an interim report usually right around day 60 after your 341 if you are turning into an asset case. Keep checking pacer, and some sort of filing by the trustee should show up in the next couple of days if your delay is due to the trustee declaring you an asset case. Also check all of your pacer docket and filings to see if an interim report was already filed.

[backtoschool]

Also, I agree with justbroke that even if you are turned into an asset case, you will still be discharged right around the 60 day mark after your 341. Becoming an asset case means that it will take longer for your case to close and that you might owe the trustee some money for some of your assets, but being declared an asset case should not affect your discharge timeframe.

[garyp15]

If nothing significant is filed on Pacer by midnight of the 60th day can I relax.

[justbroke]

If nothing significant is filed on Pacer by midnight of the 60th day can I relax.

You can absolutely relax when it comes to your unsecured debt and your "exempt" personal and real property. If you are an asset case, you can still relax. It will just take longer for the case to "administratively" close.

[2manybills]

The objections to discharge is a bar date. After the 60 days, there isn't much any creditor, or Trustee for that matter, can do to prevent the discharge. Remember that the discharge and closing are two separate and distinct actions, even though a case can "autoclose" right after it is discharged.

So, back to "wouldn't the court/judge discharge all debts?" No. The "actual" discharge order is issued by the judge, but not until the Trustee issues a Report of No Distribution or a Preliminary Report of Distribution. The court's order can't be issued until the Trustee has determined just "what" is going to be discharged.

The key point is, and I know that everyone worries about the actual discharge order, is crossing that 60-day mark where a creditor/trustee can no longer file a complaint to determine dischargeability! (Only in cases of actual fraud can the discharge be vacated by the creditor/trustee, unless there was some "error" in issuing the order -- since the Clerk usually issues the order in the Judge's name.) Again... cross the 60-day mark, and you will receive a discharge. Whether that discharge "order" will come on Day 61 or Day 121, is an administrative issue.

Closing is a totally different administrative aspect and I'm purposefully avoiding posting about that.

The only thing I could speculate about is that either the Panel Trustee is extremely busy and it's taking them time to issue the report of no distribution (I heard this is especially true in California), or that the Trustee thinks that there may be assets to administer and is going to use every moment to determine that before issuing any report.

That's correct JB, we just had a case in our office (we handled the civil end) where client filed BK because of a giant judgment, the TT filed an AP (first time I've seen this one) because he is disputing a "future interest" in an Estate and he is claiming some kind of fraud.

[garyp15]

Well, here is an update. Today is day 60. I spoke with my lawyer and he told me the trustee has been calling his office over the last several days trying to get him to dismiss my case. I don't understand that at all. Also, the trustee threatened to depose me. I don't know if the trustee is badgering within the limits of the law or what. About a week ago the trustee requested, and I provided, forward looking documents...ie: paycheck stubs from my filing date to the present. I thought Chapter 7 always looked 6 months back.
My lawyer said he expected the trustee to file a motion to dismiss for the totality of circumstances. So as you can see I am concerned as to how accurate and up to date PACER really is. Hopefully, because there are no significant changes on pacer, I can relax. There is still not a report of no distribution or an interim report on pacer either.
Any input or insight to this craziness is greatly appreciated.