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More eyes on this bit...

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  • More eyes on this bit...

    Got the good news of the Report of No Distribution this morning, though it's no surprise. But, wondering if somebody could review the wording here to be sure I'm not missing something. I don't think I am... but sometimes I second guess myself.

    "....Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned (without deducting any secured claims): $ 18064.00, Assets Exempt: Not Available, Claims Scheduled: $ 174790.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 174790.00. (*trustee name*) (Entered: 04/07/2014)"

    The abandoned assets, as far as I'm can tell is the total of a vehicle loan for which we are quite underwater and may or may not yet keep. We're still working that out with the lender, hoping to renegotiate the terms of the loan. The majority of the debts are medical bills and student loans that are pending a disability discharge with the lender. we already know we meet the requirements for SL discharge, it's just a matter of time for them to go through the process. It may or may not happen before the BK discharge. Ultimately, it doesn't really matter.

  • #2
    Hi turtle19: Yes, this is good news for you, although you should have gotten a notice from the trustee formally 'abandoning interest in the asset as being wholly encumbered', and similar such language. This is especially true if you are pro se. Look at your PACER account. You should be told what the abandoned asset is.

    Anyway, well done!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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    • #3
      Thank you. Oddly enough, we haven't received any notice about the abandonment, other than the blurb about it on PACER. Nothing has been filed in PACER, either other than the report of no distribution. And, here's the really weird part... we never actually received a copy of the report of no distribution. I only know about it because I looked it up on PACER. Today we received a copy of it, but it was in connection with a notice of undeliverable mail... which we were expecting for a particular creditor. Is it odd that they were all sent out and we didn't receive one? I have also confirmed with our landlord that he got one, too. But no... nothing, and certainly nothing that specifically notes the abandoned asset other than the total. I'll check PACER again in a few days if we don't get anything.

      Just a completely irrelevant side note on that.... our landlord just sends me a quick email whenever he gets anything related to the case. The landlord has no issues with our filing... he's totally okay with it... was even one of the people who kind of encouraged us to do it because he knows us well and knows our situation. He's a very nice guy, but he's on there for notice only because of an unexpired lease and deposit and we were told by three different local attorneys when we were exploring our options not to skip them because the local trustees will ask about it. During our 341 meeting, we found that to be true. The trustee asked every single person (and we were last so we heard them all!) about where they lived and if they had a mortgage or lease. 3 cases, all with the same attorney (who is apparently new?), all were told they needed to amend their paperwork to include the residential lease and deposit if it was more than a month-to-month thing. One got a really sound lecture because the trustee said, "So, you have $4200 cash sitting out there as a deposit for your home and you didn't think it was necessary to disclose that?" The attorney said he never included leases that weren't behind in payments. The trustee asked the couple if they were going to move, and the couple said they were moving next month at the natural end of the lease...and fully expected to get the deposit back. The trustee just stared at the attorney and the attorney said, "I'll file the revisions within the hour." From what I gathered they had quite a few non-exempt assets, too.
      Last edited by turtle19; 04-15-2014, 12:55 AM.

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