Still Nervous after 341

[mesaverde]

Our 341 will have happened 2 weeks ago this Tuesday ... our attorney has heard nothing from the Trustee and the only thing on Pacer is that our distribution is pending. For kicks I searched all the cases our Trustee had that day and cases that were filed by husband and wife with the exception of one have the same entry that ours does. It appears that most individuals he declared as no asset and no distribution. When I saw this last week and talked to the attorney he said he would think if the Trustee needed additional documents he would hear from him by the end of last week and that he would guess that the Trustee just needed additional time to review our case because our vehicles could make it an asset case. As I stated in one of my posts before, I guess I would have thought he would have said something about our cars at the 341 but he asked nothing about them.

We haven't heard from any of our creditors with the exception of one, American Express. Who filed a suit against my husband on the same day we filed our bankruptcy petition. It has been withdrawn so that's not an issue. If any creditors are going to object to your discharge is it normal for them to wait until after your 341? We have used none of our credit cards that we put in the Petition in well over a year.

It may be that the Trustee is just waiting for the UST to file their report which I think they have to do by Tuesday ... correct? 14 days after the 341? Our attorney thought the 341 went well .. it lasted about 8 minutes I would guess and the Trustee had all of our documents well in advance of the meeting. He only looked at letters we received to prove that we had our kids college education accounts for well over 4 years and he looked at a stock statement from my husband's job but he didn't ask to keep them.

I completely freaking out because the waiting is killing me. I just keep thinking that something is going to pop out of the closet and screw this whole thing up but there's nothing that I can think of that would.

[jst4f]

We wait for the 341, then we wait for the trustee to determine the fate of our stuff, then we wait for the discharge and finally we wait for the close. We wait. Try to relax. I am sure you and your attorney have presented the best case that you can for your individual circumstances. If you have been completely honest with your BK petition, then there won't be any unexpected bad surprises. As for our cars or for any of our stuff, if there is realizable equity in any of it and it can not be exempt, then we must be prepared to give it up. From what I have read in this forum, be thankful you don't live in FL. BK can be stressful and it can hurt when we loose stuff, but it is a lot better than debtor prisons or being left to the mercy of the CC companies and the banks. Hang in there and before you know it you will have your fresh start. Best of luck.

[ValleYum]

This is a good Post 342 Sticky to read: http://www.bkforum.com/showthread.ph...after-Your-341


Hang in there. I know JUST how you are feeling mesa because I was the same way!

[filed]

For kicks I searched all the cases our Trustee had that day ...It may be that the Trustee is just waiting for the UST to file their report which I think they have to do by Tuesday ... correct? 14 days after the 341?

Mesaverde, may I ask how you searched the other cases from that day your Trustee had? I only know how to search for updates to my case.

Also, why would the Standing Trustee want or need to wait for the US Trustee, since a finding of no assets would seem to me to be unrelated to the US Trustee's concerns which are about income as far as I understand.

Any answers are appreciated!

[IamOld]

In PACER you can query by LAST name - then select TRUSTEE from dropdown box (yes, I'm a PACER-troll....) BUT BUT make sure you click the OPEN CASES only checkbox otherwise...let's just say that's expensive :-)

For what it's worth "my" Trustee rolled through about 50% of his cases w/in a week...the other 50% - including mine - took about a bit over one month to post no distribution.

[mesaverde]

I actually just searched for the Chapter 7 cases that were filed on the same date as ours. There are only 2 locations in my State that have the hearings so it was pretty easy to look and see who our trustee had. Then I just looked at their docket report to see what he did.

[filed]

dear IamOld,

Thanks for your helpful reply. I remember reading a post from you some time ago which said your 341 was late one month and the no distribution was posted at the end of the following month, so, just a few days over a month.

Was there something about your case that required a month or so for the Trustee to investigate assetwise, or did they just take more time to get your paperwork processed?

[IamOld]

Filed I have NO clue - NONE!!! Another case that was done when I was was a senior citizen with NO property NO assetts tons of medical debt and Soc Sec income only...

So you go figure...

So I've ZERO clue...not sure if I'd want to know :-)

I know that "my" Trustee works as Trustee every other Thurs only...and he's a senior partner at a reasonably large bk, estate planning, and business law practice...and he has around 80-90 cases each of those days...

dear IamOld,

Thanks for your helpful reply. I remember reading a post from you some time ago which said your 341 was late one month and the no distribution was posted at the end of the following month, so, just a few days over a month.

Was there something about your case that required a month or so for the Trustee to investigate assetwise, or did they just take more time to get your paperwork processed?