What to do when a Trustee does not respond/file - 10 days after 341 and not a peep...

[gman]

I had my 341 back on 11-10.

As of this morning - the Trustee decision has still no posted on PACER. This is true not only for my case - but seems to be for all who had their 341 the same day as me.

There is a filing showing the meeting was held - and even that was not entered into PACER until 11-18.

I have not received any mail not any phone calls either from the Trustee.

IS THERE ANY "RULE" THAT THEY HAVE TEN DAYS TO FILE FOR A CLAIM OF ABUSE OR OTHER MOTION TO HOLD UP MY DISCHARGE?

AFTER 10 DAYS IF THEY "DO NOTHING" DO THEY AUTOMATICALLY RELEASE THEMSELVES FROM MY CASE?

I WANT TO CALL THEIR OFFICE TODAY - BUT WOULD LIKE TO BE INFORMED PRIOR TO MY CALL.

All information is greatly appreciated.

Thanks!

[SunshineGal]

Just my opinion, but I don't think I would call the trustee. The last thing you want to do is give them a reason to look at your file more than they have to. Besides, I think the 10days is for presumption of abuse but they actually have a full 60 days to object to other things. Hang in there!

SG

[BKlooker]

Sunshine, you wouldn't be speaking with the trustee personally, likely one of the trustee's minions. You would just ask the Trustee's clerk what the status is. That's it. It's not going to prompt them to open a federal investigation of your personal finances over the last decade just for checking on your cases' status. They can at least then give you a general guage....something like "yes, you have be given a no distribution, we are just backed up on the computer system", or " we are short a person who does the clerical work, so things are a bit backed up, you should know in the next X days".

As said once before, if EVERYONE ELSE who had the same day as yours is like that, logic and reason would stand that there is just a slow down of the court's system. Don't worry...just give a friendly call, it will help ease your mind.

[tcreegan]

Hi Gman,

The 10 days is for the US Trustee to raise a 'presumption of abuse' ie: you didn't pass the means test

If they raise the presumption of abuse, they have 30 days to file a motion to dismiss or convert

The BK trustee has 60 days to object to an exemption.

from....Title 11 section 704(b) Duties of the Trustee

I don't think there is a deadline for the BK trustee to file a report.....anyone know for sure?

Tom in Colo

[tcreegan]

...but obviously the trustee report has to come after the 60 day objection deadline

[biotechsolution]

the UST can wait until day 60 to file and objection, it just depends on what he is objecting to. 707(b) they should file something within 10 days. but 'totality of the circumstances' they can wait until day 60 and it's basically the same objection.

[frogger]

What to do? Have patience.......

[tobee43]

the UST can wait until day 60 to file and objection, it just depends on what he is objecting to. 707(b) they should file something within 10 days. but 'totality of the circumstances' they can wait until day 60 and it's basically the same objection.

i absolutely agree with this....it would be the 60 days gman...

also...didn't you file pro se?????

i thought you did...and if YOU did...i would call the trustee's office and get the status...because normally, if you did have an atty, they would know what and where the situation is or was....

we have gotten to know each other fairly well g....and i would HATE to see you going thru anymore stress than need be....

[gman]

Yes - I filed Pro Se.

Called the Trustee's office. No update on my case. Secretary said the Trustee has a "bunch of files he is working on." Her tone sounded like this was business as usual.

This makes me feel 99% certain that there will not be a PRESUMPTION OF ABUSE filing because (a) it would have been on PACER or (b) she would have mentioned it. It's been 13 days so I think I am in the clear here.

I checked a few others who had 341 on the same day as me. Still the same. No updates on any files (good or bad.)

Looks like I simply wait 47 more days and see...

One question though: I see many people on here 'celebrate' when their Trustee files a Chapter 7 Trustee's Report of No Distribution - No Funds.

From reading the wording of one of these - it appears this is a motion that shows the Trustee is really "moving on" and releasing himself from the file.

1. IS MY ASSUMPTION CORRECT?

2. IS THERE ANY DEADLINE FOR THIS TO BE FILED? IS IT 60 DAYS OR SHORTER?

The strange thing is the track record for seeing this kind of motion is typically 48 hours after the 341 in my District. Yet the whole batch of debtors that went in on my date have no update.

I have not received any phone calls or snail mail from the Trustee requesting more documentation so far.

[tobee43]

Yes - I filed Pro Se.

Called the Trustee's office. No update on my case. Secretary said the Trustee has a "bunch of files he is working on." Her tone sounded like this was business as usual.

This makes me feel 99% certain that there will not be a PRESUMPTION OF ABUSE filing because (a) it would have been on PACER or (b) she would have mentioned it. It's been 13 days so I think I am in the clear here.

I checked a few others who had 341 on the same day as me. Still the same. No updates on any files (good or bad.)

Looks like I simply wait 47 more days and see...

One question though: I see many people on here 'celebrate' when their Trustee files a Chapter 7 Trustee's Report of No Distribution - No Funds.

From reading the wording of one of these - it appears this is a motion that shows the Trustee is really "moving on" and releasing himself from the file.

1. IS MY ASSUMPTION CORRECT?

2. IS THERE ANY DEADLINE FOR THIS TO BE FILED? IS IT 60 DAYS OR SHORTER?

The strange thing is the track record for seeing this kind of motion is typically 48 hours after the 341 in my District. Yet the whole batch of debtors that went in on my date have no update.

I have not received any phone calls or snail mail from the Trustee requesting more documentation so far.

i have a tendency to be with you on this one.....

many times it's the one's that have problems with they hopefully will notify first...i hope, i hope....

maybe that trustee went on vacation, or was out sick...one doesn't know really at this point, just that it has been verified there are many files to be attended to.

i'm going try and stay as positive on this as possible... i'm just hoping you hear either way soon!

[gman]

I found a good explanation of the BANKRUPTCY TIMELINE on this website:

http://home.comcast.net/~wmetzen130031/timelinenew.htm

From what I see here, it really now boils down to objections by (a) the Trustee and (b) Creditors.

+ The TRUSTEE can object to my PROPERTY EXEMPTIONS on SCHEDULE C within 30 days of the 341.

+ The CREDITORS (not the Trustee) can object to having a specific debt discharged within 60 days of the 341.

+ The CREDITORS (not the Trustee) can object to having a all debts discharged within 60 days of the 341.

+ The TRUSTEE can can move to dismiss case for substantial abuse under §707(b) within 60 days of the 341.

In my case, I doubt the CREDITORS make any motions, and since the Trustee did not make a motion within 10 days to question the Means Test, I doubt he will try to do anything concerning substantial abuse. This leaves the question of PROPERTY EXEMPTIONS (and specifically the IRA in question) on the table for the next 17 days.

Do I have this right?

[tobee43]

I found a good explanation of the BANKRUPTCY TIMELINE on this website:

http://home.comcast.net/~wmetzen130031/timelinenew.htm

From what I see here, it really now boils down to objections by (a) the Trustee and (b) Creditors.

+ The TRUSTEE can object to my PROPERTY EXEMPTIONS on SCHEDULE C within 30 days of the 341.

+ The CREDITORS (not the Trustee) can object to having a specific debt discharged within 60 days of the 341.

+ The CREDITORS (not the Trustee) can object to having a all debts discharged within 60 days of the 341.

+ The TRUSTEE can can move to dismiss case for substantial abuse under §707(b) within 60 days of the 341.

In my case, I doubt the CREDITORS make any motions, and since the Trustee did not make a motion within 10 days to question the Means Test, I doubt he will try to do anything concerning substantial abuse. This leaves the question of PROPERTY EXEMPTIONS (and specifically the IRA in question) on the table for the next 17 days.

Do I have this right?

well both 1 and 4 could apply and one would be consider an assumption of abuse one way or the other...but let's think positively...

for the creditors time line is in reference to the time period preceding the 341...so you should be good on that one.

[gman]

One question though: I see many people on here 'celebrate' when their Trustee files a Chapter 7 Trustee's Report of No Distribution - No Funds.

From reading the wording of one of these - it appears this is a motion that shows the Trustee is really "moving on" and releasing himself from the file, leaving only the Creditors to be of concern.

IS MY ASSUMPTION CORRECT?

IF/WHEN THIS HAPPENS, IS THE LIKELIHOOD PRETTY MUCH NEAR ZERO THAT THE TRUSTEE OBJECTS TO EITHER (A) PROPERTY EXEMPTIONS AND/OR (B) DISMISSING THE CASE UNDER 707(B)?

[tobee43]

One question though: I see many people on here 'celebrate' when their Trustee files a Chapter 7 Trustee's Report of No Distribution - No Funds.

From reading the wording of one of these - it appears this is a motion that shows the Trustee is really "moving on" and releasing himself from the file, leaving only the Creditors to be of concern.

IS MY ASSUMPTION CORRECT?

IF/WHEN THIS HAPPENS, IS THE LIKELIHOOD PRETTY MUCH NEAR ZERO THAT THE TRUSTEE OBJECTS TO EITHER (A) PROPERTY EXEMPTIONS AND/OR (B) DISMISSING THE CASE UNDER 707(B)?

that is correct.......personally for me that's the MOST important notice to receive....1. the discharge....where the debor is grated the discharge under section 727 of title 11, of usc (bk code) and 2. (to me it was the MOST important notice) which was the order approving trustee's report of no distribution....meaning that it was ordered that the trustee has approved the estate as "closed"....and the trustee is discharging and relieving his/her trust...and that all deficient pleadings that have not been cured are considered moot.....

[gman]

that is correct.......personally for me that's the MOST important notice to receive....1. the discharge....where the debor is grated the discharge under section 727 of title 11, of usc (bk code) and 2. (to me it was the MOST important notice) which was the order approving trustee's report of no distribution....meaning that it was ordered that the trustee has approved the estate as "closed"....and the trustee is discharging and relieving his/her trust...and that all deficient pleadings that have not been cured are considered moot.....

So this "Report of No Distribution" could be immediate or could literally drag out for all 60 days....correct? Just making sure I have the legal timeline down pat.

------------------------------------------

It was this "Report of Non Distribution" that has historically been posted within 48 hours of the 341 in my district - yet has not happened on any of the cases that took place the day I had my 341.