no requests from trustee

[porkchopcash]

I have complicated non-consumer chap 7 and 341 is scheduled for 4/19.
My lawyer seemed concerned that the trustee might have some questions and require documentation on certain things.
It is inside one week and I have not received any requests from trustee. Is this normal?
Am I being too hopeful or does this indicate there might be less resistance than lawyer thought?

[considering7]

Not sure I have an answer to your question, but thought I'd share my experience. I filed a non-consumer ch 7 in February. I had my 341 in early April. The only contact that I had from the trustee (that I know of - unless my lawyer responded without me knowing) was a request to send the trustee a check for the amount in a business checking account that I had. (I recently had to shut down a business that I owned) Even at the 341 I was expecting a lot of questions about my case, but the trustee asked me no questions other than the usual questions like: Is your name John Doe? Did your lawyer file this petition? Did you read it? Is it truthful? You are free to go".

[despritfreya]

To both above posters. Your cases are relatively new - 341's this month - Do not be surprised if, within the next month or so, you receive either 1) a very specific info request from the Trustee and/or 2) a copy of an Application to Employ Attorney for the Trustee.

The Trustee will investigate your business dealings. That is his job. But it takes time for him to gear up to it.

Des.

[jemma]

I do not know what that means. however, I can share with you what I received from the trustee. About four days after I filed chapter 7, I received a letter from the trustee. She requested, 2 months of prior bank statements for all accounts and the entire months statements for the month I filed. 3 years of taxes, most recent corporation taxes, titles and registration for each owned out right vehicle, most recent mortgage statement (to show proof of balance and payment amount) life and home owners declaration pages and a written estimate of fair market value for any fire arms. I just received another letter today asking for more information because she has reviewed the schedules.

[porkchopcash]

Des,
Are you saying I will get written requests after the 341? Do they usually give indication of that at the 341?

[porkchopcash]

jemma, have you not had your 341 yet?

[jemma]

No, I have not had my 341 yet. It is on May 2, so this letter I got today just asked for some more information, like six more months of profit and loss statements. Also, to amend the schedule for the payments made to mortgage company. She did say to have the info to her by the 25th of April, so I do not have to return for another meeting. Seems she just wants everything she can think of now, I am hoping that is it. However, I will provide her with anything she asks for, if she does want more.

[despritfreya]

Are you saying I will get written requests after the 341? Do they usually give indication of that at the 341?

This depends upon the Trustee. Most Trustees, who do not know you from anything, will send out a generic letter shortly after the case is filed. This letter requests documents such as tax returns, bank statements, copies of titles or registrations. The Trustee wants to verify the information contained in the Schedules.

If you are a more complex case, the Trustee, once he/she gets a feel for the case (which could be before or after the 341) will send out (or hire an attorney to send out) a 2nd request for documents. This 2nd request is directed at your specific case and usually deals with the investment/business nature of your financial affairs. Will the need for this 2nd letter be raised at the 341? Possibly but, since the 341 usually takes less than 10 minutes, do not be concerned if it is not.

Des.

[IamOld]

Des, so for ALL ch 7 OR Ch 13 cases this generic letter for info goes out??? Even for purely consumer bankruptcy?

This depends upon the Trustee. Most Trustees, who do not know you from anything, will send out a generic letter shortly after the case is filed. This letter requests documents such as tax returns, bank statements, copies of titles or registrations. The Trustee wants to verify the information contained in the Schedules.

If you are a more complex case, the Trustee, once he/she gets a feel for the case (which could be before or after the 341) will send out (or hire an attorney to send out) a 2nd request for documents. This 2nd request is directed at your specific case and usually deals with the investment/business nature of your financial affairs. Will the need for this 2nd letter be raised at the 341? Possibly but, since the 341 usually takes less than 10 minutes, do not be concerned if it is not.

Des.

[despritfreya]

so for ALL ch 7 OR Ch 13 cases this generic letter for info goes out??? Even for purely consumer bankruptcy?

Again, this depends upon the Trustee. Most, but not all, have a standard letter they send at the beginning of the case, regardless as to whether or not the Petition is marked "debts are not primarily consumer debts". In a 13 at some point the Trustee is going to issue a "recommendation" (may be called by other names) advising what he/she thinks of the Plan and whether or not additional information is needed or if there is sufficient funding etc.

Des.

[IamOld]

Thank you again Des!!!! This makes sense again, and your guidance is very very very...invaluable!!!

Again, this depends upon the Trustee. Most, but not all, have a standard letter they send at the beginning of the case, regardless as to whether or not the Petition is marked "debts are not primarily consumer debts". In a 13 at some point the Trustee is going to issue a "recommendation" (may be called by other names) advising what he/she thinks of the Plan and whether or not additional information is needed or if there is sufficient funding etc.

Des.