After 341

[debtrelief08]

I just had a quick question

I had my 341 meeting on 06/02 and i filed pro se and to say the trustee was not nice is an understatment she handed me some amended schedules back that the clerk forwarded to her in error and told me to go down to the clerk and file. So I did that and amended the schedule summary but i have not heard anything since i sent that information and paid my last installment of $99.00. All the correspondence that i received from the bk court came through the mail i do not check pacer never had to received notice to send any missing information and the date and time for the 341 by mail. Can i assume that if there was presumed abused or something like that i would have received notice by now in the mail i have not heard anything from the court and i was getting mail every other week before the hearing.

Since she was so mean and was tripping that i was representing myself so i felt she was going to make me come back for another 341 since i was sent to go file the schedules but i have heard nothing. Is that common no news good news mentality it is weird 21 days out is it too late for the trustee to file something against me?

[magyar123]

Some trustees are just plain expletives. Also remember that some trustees are more creditor friendly and not consumer friendly.

[debtrelief08]

thanks for the response but i read some where that there is 10 days to file presumptive abuse would i have that by now since it has been 21days

[AngelinaCatHub]

Ms. debtrelief08, give the Trustee the benefit of doubt in that you in her mind made an error and was told to fix it she could have dismissed you right then. Also her workload may have been bad and will probably get worse. How YOU handled it was possibly what she was looking at, as well. Now about PACER, you are computer literate, please sign up for it. It will give you relief in that no news is good news, or what to do if it is bad news. If you had a lawyer they would have a permenant account and he would inform you up to date. Snail mail may be late when time may be important to act. Always hold your temper if they do not. Let them make to fool of themselve rather than you accept fault by retorting back. YES it is hard to do at times. I do it a LOT with my wife....LOL 'Hub

[JRScott]

There is no 10 day limit on the Trustee, while in the past many tried to have it filed by then the increasing work load makes it less an less likely. However if you've not heard anything more then that's probably good news so far. As Hub said the Trustee while perhaps cold did give you a chance to amend, not all do that .

[laurannm]

I too thought I read that the UST has 10 days to file whether or not he/she will pursue the presumption of abuse, and if they do, another period of time after that (30 days maybe?) to file the actual motion outlining why there is a presumption of abuse

[debtrelief08]

ok i checked pacer today it said
awaiting discharge then i clicked on report
Filed: 06/02/2008
Entered: 06/02/2008
Entered By: xxxxxxxxxxxxxxx
Event Name(s): Trustee's Initial Report & Report of No Distribution
Full Docket Text for Document 15:
Trustee's Initial Report: 341 MEETING OF CREDITORS HELD; TRUSTEE'S REPORT OF NO DISTRIBUTION: Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. Trustee has received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office. xxxxxxxxxxxxx


so now am what?

[laurannm]

Right now it appears you are just waiting out the 60-days from the date of your 341 until discharge...so far so good

[debtrelief08]

well i have a car that i am surrendering and the trustee did not say anything other than was the car company aware but they have not come and picked it up so what do i do about the car

the car is sitting in my mothers drive way and no one has come to see about it

[debtrelief08]

the flag says meansno what does that mean?

[debtrelief08]

i also noticed that a party was added 062408 it was americredit what does that mean they are also listed under filers and the event name is request for notice is this going to hold things up?

is that bad should i consider that an objection?

[momof5]

i also noticed that a party was added 062408 it was americredit what does that mean they are also listed under filers and the event name is request for notice is this going to hold things up?

is that bad should i consider that an objection?

We had 2 different creditors added to the list under filers. At first it scared me because I had not read anything about it. All it means is they want updated paperwork or if there should be any assets that do become available they want to be notified. They get everything as though they were you. Any mailings will go to them just the same.

We are only 1 day post 341 but neither of those creditors showed up at our 341 actually none showed up but these were the 2 I was worried about.

Edit to add: MEANSNO means just that.... no. You are not over the means.

[Help!]

I too thought I read that the UST has 10 days to file whether or not he/she will pursue the presumption of abuse, and if they do, another period of time after that (30 days maybe?) to file the actual motion outlining why there is a presumption of abuse

I know this one! The local trustee can file a motion to dismiss at any time. You're right about the UST... the UST has 10 days after the 341 hearing to file a statement of presumed abuse. Once that has been filed, the UST has 30 days to file (1) a motion to dismiss or convert if presumption arises and has not been rebutted by special circumstances (2) change of presumption if additional documentation shows the means test was met or (3) file a statement as to why the presumption arises but a motion to dismiss will not be filed (a declination). The UST can get involved in a case at any time for other reasons, though. They can even reopen a case after it is discharged and closed if they have reason to believe there was fraud or abuse.

[debtrelief08]

We had 2 different creditors added to the list under filers. At first it scared me because I had not read anything about it. All it means is they want updated paperwork or if there should be any assets that do become available they want to be notified. They get everything as though they were you. Any mailings will go to them just the same.

We are only 1 day post 341 but neither of those creditors showed up at our 341 actually none showed up but these were the 2 I was worried about.

Edit to add: MEANSNO means just that.... no. You are not over the means.

Thank you for the response i was so worried about what a filer was i guess they are entitiled to everything i owe them 19,000+ LOL no really it is so crazy to be stressing about this i just want it all to be over and this is day 23