60-Day Club Question

[getouttadebt]

Once you make it through the 341 and then the Trustee issues Report of No Distribution , where are the pitfalls that may cause an issue? I have 58 more days to wait and I just want to see the Awaiting Discharge status change to Discharged.

Who in this forum has had a negative experience during the 60-day wait? No creditors showed up to my 341. My Trustee was thorough, but concluded there were no assets. Once the Trustee concludes his business, is there anything to worry about other than objections arising?

I still don't understand the relationship between the Trustee and the UST? Could the Trustee conclude no asset and then the UST still reviews the case and extends the case? I am optimistic that May 5th will be my day of freedom, but I want to know what to watch out for...

Thanks,
getouttadebt

[PaKettle]

Once you make it through the 341 and then the Trustee issues Report of No Distribution , where are the pitfalls that may cause an issue? I have 58 more days to wait and I just want to see the Awaiting Discharge status change to Discharged.

Who in this forum has had a negative experience during the 60-day wait? No creditors showed up to my 341. My Trustee was thorough, but concluded there were no assets. Once the Trustee concludes his business, is there anything to worry about other than objections arising?

I still don't understand the relationship between the Trustee and the UST? Could the Trustee conclude no asset and then the UST still reviews the case and extends the case? I am optimistic that May 5th will be my day of freedom, but I want to know what to watch out for...

Thanks,
getouttadebt

For all practical purposes the only thing you have to "worry about" now is if creditors object. If they do they will probably call your attorney first and then he will notify you. It seems to be pretty rare that this happens. If it does happen, you can either fight them in court (pay your attorney or represent yourself) or agree to pay about 1/2 what you owe them over 1 year. This is not set in stone but is what the "usual deal" is.

If you fight and you win, you owe them nothing but have to pay your attorney if you use one. If you fight and they win, you have to pay them back ALL of what you owe.

I was very concerned about this but in my case no one objected.

It seems that most objections stem from someone having charged up a lot within 3-6 months before filing. Even then, they often do not object, but sometimes they do.

You probably have nothing to worry about.

The only other possible complications would be if the trustee decided he/she wanted to investigate something further in which case he would ask for more records during the 60 days or ask for an extension of another 60 days.

By the way although the Period for Objections is over in 60 days and most people seem to get their discharge by the 70th day, some of us have to wait much longer for the wheels of justice to turn. I'm approaching 90 days even though my 60 days were up almost 30 days ago and there was no extension or objections or anything. Apparently some Trustees and/or clerks are just slow.

[DivorceRuinedMe]

On my last day for objections, the US trustee filed a motion to extend my discharge date 60 days and it was granted. That was my negative experience.

[ProSe55]

Getouttadebt: Just wanted to say I read your post with interest because with both filed on the same day and had our 341 Meeting on the same day. So will this be the longest 60 days ever or what?

[Chicago]

I stressed about it for a few days waiting for AMEX or someone to object. I stopped checking PACER after a week or so and just put it out of my mind since there wasn't anything I could do about it. Started checking PACER again shortly before the 60 days were up and saw the DISCHARGE info on about day 61 or so.

Oh, and the UST sat in on my 341. He asked a few questions as to why my debt was over $100K and I answered him and that was that. Declared No Asset the next day.

My advice - relax and have some fun. It'll go by quicker than you think and you'll look back and wonder what all the stress was about.

[getouttadebt]

Thanks, Chicago. I appreciate the advice. I don't have anything to hide, so I don't know why I worry about things that are now out of my control. I am quite sure things will work out just like they did for you.

getouttadebt

[getouttadebt]

ProSe55, what state did you file in? It is ironic that we are on the same timeline. Good luck and inform us of the progress.

[in10city]

For all practical purposes the only thing you have to "worry about" now is if creditors object. If they do they will probably call your attorney first and then he will notify you. It seems to be pretty rare that this happens. If it does happen, you can either fight them in court (pay your attorney or represent yourself) or agree to pay about 1/2 what you owe them over 1 year. This is not set in stone but is what the "usual deal" is.

If you fight and you win, you owe them nothing but have to pay your attorney if you use one. If you fight and they win, you have to pay them back ALL of what you owe.

I was very concerned about this but in my case no one objected.

It seems that most objections stem from someone having charged up a lot within 3-6 months before filing. Even then, they often do not object, but sometimes they do.

You probably have nothing to worry about.

The only other possible complications would be if the trustee decided he/she wanted to investigate something further in which case he would ask for more records during the 60 days or ask for an extension of another 60 days.

By the way although the Period for Objections is over in 60 days and most people seem to get their discharge by the 70th day, some of us have to wait much longer for the wheels of justice to turn. I'm approaching 90 days even though my 60 days were up almost 30 days ago and there was no extension or objections or anything. Apparently some Trustees and/or clerks are just slow.

You got me worried now...after reading around I thought I'm just about 99% safe by waiting 6 months after adding any charges to my cards. I guess I should wait longer than 6 months...that's gonna be so hard, money is tight.