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    only to freaking ME

    Has anybody ever heard of the court NOT mailing out notices to the creditors? Filed on November 18 or 19th got my case number and my 341 meeting scheduled for this Thursday (so did my fiancé separate case) went in today to reviews everything for the 341 meeting and at the tail end of it, a random comment from my fiancé about how her parents hadn't received anything about my case still but had on hers led to all of us discovering the notices weren't sent on my case. I received notice about how I need to take the 2nd class and I even received notice of appearance from one of my creditors early on so it never crossed anyone's mind. My attorney was shocked and said it was "a first in 35 years" (and I believe him) but I am pissed as my 341 has now been rescheduled till Jan 27th............seriously I don't get how that could even happen

    #2
    I am baffled.........just signed up for Pacer and download both my case and my fiancé's history and they have the exact same filings and notices.

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      #3
      Mistakes happen. Sorry this mistake had to delay your case. At least the error was discovered now so that creditors can be given notice. The consequences of a creditor never getting notice are worse than a delay in your case to allow for proper notice.

      Hang in there. This will all be behind you before you know it!
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Originally posted by flaguy View Post
        I am baffled.........just signed up for Pacer and download both my case and my fiancé's history and they have the exact same filings and notices.
        Is there Certificate of Mailing of Notice of Creditors for your case? If so, are your fiance's parents listed as a party to whom notice was mailed?
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          Originally posted by LadyInTheRed View Post
          Is there Certificate of Mailing of Notice of Creditors for your case? If so, are your fiance's parents listed as a party to whom notice was mailed?
          I didn't see one for either of our cases but nothing was mailed out to my 20-30 creditor's......my attorney talked with the trustee who had no record of my case even though I have the notice that was filed back when I filed. I am going to the 341 on Thursday and doing the whole song and dance so if the trustee has any questions or needs more information we can give it before the next 341 and hopefully be done with it everything

          I just don't understand how the notice didn't get mailed, I can see that it existed back then and was filed on Pacer

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            #6
            well its over .........my 341 took about an hour and was a piece of cake ( but I have audited by the IRS, deposed numerous times and been to more mediations than I can remember so I am a little different LOL) ..........kind of disappointed it wasn't more in depth ( We spent well over 100hrs preparing documents, making spread sheets, copying and compiling anything and everything that could exist so that no matter what the Trustee wanted I would be able to hand it over on the spot, even had made a documents list and a reference guide that explained what was in each section of the file box) but oh well better to be prepared for everything than surprised. Only thing that stood out as an odd question was the way he worded a question towards the end "and you never created a trust?" like he was surprised I hadn't set one up; which I answered honestly without missing a step "nope, when I looked into it the attorney advised me that it was to late and could be possibly undone"

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              #7
              Glad it went well. Do you mean that you were actually before the trustee for an hour? Or are you including the wait time? If you were actually questioned by the trustee for an hour, you shouldn't be disappointed. That is the longest 341 I have ever heard of.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment


                #8
                It was right at 50 mins in front of the trustee and I was just "disappointed" (and I am not really complaining) because everything that was discussed yesterday I could have just winged from memory LOL as nothing was actually provided besides whatever my attorney did with the filing .........at the 341 meeting here everyone just sits out in the hall instead of inside the room (We sat inside both times just to watch them vs sitting in the hall twiddling our thumbs) and I think "my time in there" freaked out some of the others waiting LOL as all of the others were 5-10 minutes at most

                saw the "no distribution" report was filed this morning on Pacer so I am in the countdown till closed and I wave good bye to just under 6 million in unsecured debt

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                  #9
                  The trustee reamed some guy for about 20-30 minutes the day I had my 341, and it was obvious the guy was being deceptive and trying to hide assets and fudge numbers. I can't imagine what a trustee could ask me about for 50 minutes.

                  Congratulations on running the gauntlet!
                  Chapter 7, above median, no asset. Discharged with no UST involvement.

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                    #10
                    Mine wasn't anything crazy it just took a while (3-5 minutes per old LLC for a ultra brief explanation and its 30-50 minutes right there)........my case was the opposite of hiding assets and fudging numbers, and there wasn't any personal debt just a pile of deficiency judgment's from banks against different LLC's that no longer have assets and myself since I personally guaranteed the loans with some judgments going back to 2010........I filed because it all finally came to a point where it would be easy to/ as easy as it would ever be so I did and am happy this chapter is closed. Round 2 of my life will start again in a few months

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