Got My BK Stuff in the Mail Today...

[Pinkie86]

...And my form under Presumption of Abuse says...

NO PRESUMPTION OF ABUSE!!!

That's good right? Or do they still have 10 days after the 341 to decide?

My 341 is October 8, and last day for objections December 7!

[FreshLikeADaisy]

Pinkie, they still have the 10 days.

When you first file, the clerks handle your case according to the box you checked on your voluntary petition with the results of your means test: No Presumption of Abuse, or Presumption of Abuse. It stays that way until after the 341, at which point you will see your trustee post a "Determination of Assets" (or No Assets) on PACER. That particular determination is the one that counts... not what you checked on the voluntary petition. That check just lets the clerks go ahead and send out notices that either invite your creditors to make claims (asset case), or tells them to wait until/unless they are notified by the court that claims may be made (no asset).

Good luck!!!

[Pinkie86]

Well crap! lol I was all excited. I don't remember checking that box though... I bet my paralegal probably did it for me. All I remember is viewing everything and signing it.

Let me add how I'm not particularly excited how the Envelope in big letters said, "United States Bankruptcy Court." lol

[AngelinaCat]

Let me add how I'm not particularly excited how the Envelope in big letters said, "United States Bankruptcy Court." lol

I heard that!!!! Can you imagine how it is for me to go into the post office that my mother and grand-mother were Postmasters at, and hand the clerk, who is a personal friend, an envelope like that? Plus, I am so paranoid that I do certified mail, return receipt on everything? *gah!*

[Pinkie86]

You poor thing! You and Hubs never seem to catch a break, huh? Until recently at least!

My fiance has a cousin who is a postmaster. Thankfully, no where near us, otherwise I would be MORTIFIED.

[jessegirl]

OMG, i forgot about that. Well there are atleast 3 people in my little small town that all work at the post office in the back sorting. Well we will defiantely be the talk of the town. I have to take notice to the looking at me while the aare whispering thing Huh...And lets see my mailman also lives in town too.... I swear my town is so small we joke around and I tell my hubby that the mailman is also the OBGYN and the vet in town, LOL. Even my kids teahers live in town.

[AngelinaCat]

Hi Pinkie:

I could always go to another, but I don't out of loyalty. A post office's class (1st class, 2nd class, etc.) is determined by the postage, and postage related services they sell. Not all the gift items you see now. So it's my choice, and that is okay.

[Pinkie86]

I can understand your decision to stay with that particular office then. Good service is hard to find nowadays.

[danaf]

Fresh - is there a time limit after the 341 where the trustee has to post a determination of assets, or no assets? Just curious since my 341 was more than a month and half ago and to date, the trustee has not posted anything at all.

[FreshLikeADaisy]

Danaf, I loaned out all my regular resources so I can't look it up for you on the fly but I do definitely think you (or your atty, but didn't you file pro se?) should give the trustee's office a call asking why nothing has been posted to PACER yet, and when you can expect to see it.

My own was posted about three weeks later, but dated the day after the 341... go figure. Good luck!!!