Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

discharged but no determination of asset status (huh?)

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • discharged but no determination of asset status (huh?)

    6/21 - court issued discharge on my bk7. Within 30 minutes I received a pdf copy of discharge order from lawyer's paralegal.

    I am really glad I did not go with the cheapest attorney. I paid plenty but their professionalism is wonderful.

    However, although I am discharged, the trustee has not issued a statement of whether it is no asset or not???

    For clarification this is what happened:
    One concern weighing on my conscience right before the 341 was the fact that I realized there was a potential real estate transfer that fell within the 2 year window that was not noted on my original petition. This is because I forgot about it, as it was a property that was scammed from me by a person who was supposed to be helping me with my problem.

    When the trustee asked if petition was correct I said not completely and explained this honest omission. (I had relayed all of this to atty prior so there was no surprises for them) From that point forward, the 341 became much easier.

    The trustee asked several questions about the real estate and my businesses but accepted my answers at face value without verification on most of it. I think my honesty about something she would never have known about helped my credibility.

    At the end, she said this was a "no asset case" which are the magic words!! However, then she stopped and said she would hold up on that until I provided her with a copy of the deed showing the transfer I referenced and the date. I can get that documentation. She then thanked me for being honest and said she would be done with our case once she had that for the file.

    I emailed the required documents to paralegal within about 2 days and she forwarded them to the trustee. Since then we have heard nothing.

    My question for the experienced and professionals on this board is;
    If there was any questions or concern about assets wouldn't the trustee have made some inquiry during the preceding 60 days?
    Or stated another way, can I reasonably assume this is just an overlooked clerical function rather than think the trustee is going to bring up something about assets after the discharge even though they have been totally silent for the preceding 60 days?

  • #2
    I would not be worried about it because you have your discharge, the most important part of this process - and congratulations BTW. The process is now in the Trustees hands and if she wants that property she will have to go after it. Since you don’t have it there is nothing more for you to do.

    The Trustee is probably still looking into it, which is why you have not heard anything. Her process can take awhile but you can move on with your life without worry.

    Comment


    • #3
      angles, I am not so worried about that property. I am worried about other assets which I exempted.

      Comment


      • #4
        Well here we are one month later and no closing yet with nothing new filed in PACER.
        I finally researched the court and called my case manager. He looked over the file and said they still had not received an asset determination from trustee. Said he could not close out the case until then.
        I emailed my attorney's paralegal and she said she had contacted the trustee's assistant twice about this and did not think we should push the trustee any more.

        Here is the question I have;
        Since the trustee only has 30 days to object to your exemptions, then how could it be an asset case if they do not notify you before the end of those 30 days.
        To make it an asset case wouldn't they have to object to one of my exemptions??

        Comment


        • #5
          Originally posted by porkchopcash View Post
          Well here we are one month later and no closing yet with nothing new filed in PACER.
          I finally researched the court and called my case manager. He looked over the file and said they still had not received an asset determination from trustee. Said he could not close out the case until then.
          I emailed my attorney's paralegal and she said she had contacted the trustee's assistant twice about this and did not think we should push the trustee any more.

          Here is the question I have;
          Since the trustee only has 30 days to object to your exemptions, then how could it be an asset case if they do not notify you before the end of those 30 days.
          To make it an asset case wouldn't they have to object to one of my exemptions??
          one would think or hope, at least, most of the time it works that soon after the First Meeting of Creditors the court will decide whether or not your case is a no-asset/asset case. if your case is a no-asset then usually you get your notice soon after your discharge, however, i have seen it take well up to 2 months before the no distribution of asset order is issued.

          i agree, your atty should most certainly know by now if there was a question pending about whether you were an asset case or not. as frustrating as this may be, it just may be the trustee's office is backed up. i know our atty had a relationship with the trustee's office and they spoke freely to each other both in the form of emailing and telephonic communication.

          let's just keep thinking positive and it's just a paper back log issue!!
          Last edited by tobee43; 07-24-2011, 10:21 AM.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X