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So like, what are "they" doing?

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    So like, what are "they" doing?

    I'm just curious- I filed about 38 days ago. We had the 341 meeting last week, and in about sixty days I'm supposed to receive my discharge. My question is just - what is happening in this downtime? I get that I'm not the only person who is waiting for a discharge and I get that there would be a line and some waiting, but I'm genuinely curious - what's happening to my case during this limbo time?

    #2
    If the Chapter 7 Trustee already filed their Notice of No Distribution, then really nothing happens now. It's a waiting period to allow creditors to object to the discharge (or the debt) or for another party, such as the United States Trustee (UST), to object to the overall discharge. For the overwhelming vast majority of people... it's just a quiet period.

    Yes, it's annoying, but it is nice to be in Club Sixty (which is what I call it). If there were issues with your case, such as the UST being "interested" in your case, you would already know. So the lack of news in a bankruptcy is good news.

    (When the Chapter 7 Trustee files the Report of No Distribution, they also ask to be excused from the case. They literally stop doing anything related to managing and liquidating the case. The bankruptcy code requires a 60-day wait only for the creditors, and other parties in interest, to complain. Those creditors and others seldom complain and there really isn't a lot they can do except in very particular circumstances.)

    Welcome to Club Sixty.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Well, according to this link:
      https://www.justice.gov/ust/debtor-audit-information

      The u.s trustees are not auditing any new cases still.

      Comment


        #4
        Originally posted by Gixermeup View Post
        Well, according to this link:
        https://www.justice.gov/ust/debtor-audit-information

        The u.s trustees are not auditing any new cases still.
        Auditing of cases is entirely different than reviewing a case. The UST looks at every single case in some manner. Certain flags will cause them to become "interested" in a case, pique that interest, and cause them to ask more questions. The entire bankruptcy program would be completely unmonitored if the UST didn't take this type of action. It's important to the integrity of the program.

        As for the random audits, they never really audited the requisite 2% of cases anyhow. They've never really had the manpower to perform these random audits... but they did happen in the past.

        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Hope I'm one of the ones to slide under the radar...I not that is fraud but if they are on it I'm sure they could find something for them to dismiss it.

          Comment


            #6
            Good luck. I am filing next month, and pulling my hair out with anxiety.

            Comment

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