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Chapter 7 -- 341 trustee issues in Atlanta -- please help!

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  • #31
    Got the car today...yay us! Why would my atty want to be looped in on the entire process? just curious. Can the trustee take my car? I thought assets purchased after discharge were mine to keep?


    • #32
      Attny just doing his job to make sure you don't mess up. Trustee should not have any interest in the new auto. Just enjoy the new ride and relax.



      • #33
        Hi Des,
        Thanks - I will. I do feel that the specter of the trustee hangs over everything I do until this case is closed. I'm still puzzled about what I could do to 'mess up'. I did end up paying quarterly taxes today, just less than I owe. Since I'm self employed, I'll just make it up next quarter. I figured half was better than none, to avoid penalties. My bank account is a bit low, but the non-exempt money for the trustee is still there should she choose to take it. It will be bumped up a bit after I get paid at the end of the month. I'm very very careful with my money - otherwise this purchase would not have been possible.


        • #34
          GA, you will be fine. Take a deep breath and relax. Just remember, "its only money". With the crap that is going on in this world today, you should be counting your blessings that you are just dealing with the all-mighty dollar. Assuming this is currently the only big issue controlling your life - don't let it.



          • #35
            You're right, Des. I need to let this ride. I think it's just fear of the unknown -- too many unexpected and difficult events have occurred in the last year and I'm a bit off balance.


            • #36
              Des, is it normal for the Trustee to take so long to make a decision? Still nothing on Pacer.


              • #37
                Originally posted by GAfiler View Post
                is it normal for the Trustee to take so long to make a decision? Still nothing on Pacer.
                Not unusual. Closing of a case can take a long time. Depends upon how many other cases a Trustee is dealing with at the same time and whether or not there are any assets to "administer". There is no "rule" as to the timing. Sorry.



                • #38
                  Thanks, Des. Seems a bit strange that the chapter 7 process is streamlined in general, but then... ;)


                  • #39
                    WAHOOO! Just posted this afternoon (trust me, I've been checking several times a day!): Chapter 7 Trustee's Report of No Distribution - No Funds
                    The nightmare is OVER!!!
                    Thank you so much, Des, for all your help along the way. YOU made the difference!!!
                    I'm forever grateful,


                    • #40
                      One last question - the big amount at the end includes student loans (my total other debt was about 50 grand). It would be too good to be true if those were discharged, too!
                      Full docket text:
                      Chapter 7 Trustee's Report of No Distribution: I, xxxx, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered.. I request that I be discharged from any further duties as trustee. No party in interest has filed a request for an order of dismissal pursuant to 11 USC 521(i)(2).. 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 6 months. Assets Abandoned (without deducting any secured claims): $ xxx, Assets Exempt: $ xxx, Claims Scheduled: $ xxx Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ xxx (big number). Filed by xxx on behalf of xxx


                      • #41
                        Congratulations and I am glad I helped to keep you focused. The student loans are simply a reference by the Trustee in his boiler plate "accounting". Sorry, not part of your general discharge.



                        • #42
                          Student loans are not discharged without an adversary proceeding (AP). The Trustee's report is about assets "abandoned" and other things included in the petition. It is not a report of what is discharged but more a report of what "could" possibly be discharged. Notice the words "debts excepted from discharge" is used when describing the type of debts that are "scheduled to be discharged without payment".

                          Otherwise, this is good news. Just count down your days to the discharge.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog

                          I am not an attorney. Any advice provided is not legal advice.


                          • #43
                            Update: Got a no distribution report on Sept. has still not been closed, though, as of Oct 10! Any idea why?


                            • #44
                              It depends on the district as to when cases close. In some districts, the closing is "automatic" if there is a discharge and all of the appropriate paperwork is completed. You could check PACER for the "flags" (Case Summary) to see if there is something missing. The close isn't the most important part, but we all do want to see the case closed.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog

                              I am not an attorney. Any advice provided is not legal advice.


                              • #45
                                Hi Justbroke,
                                The only flag on pacer is: Flags: DISCHARG
                                Yes, agreed about the close - it will definitely give me a sense of putting this behind me.


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