Trustee keeps moving the 341. What gives?

[Dollar Bill]

We have property the trustee wants to sell. The trustee is offering it to me first. I do not want to buy it, and have moved all of my 20k in exemptions onto it.

At my orig 341 she said to let her know what I want to do in two weeks. My atty faxed a letter and mentioned what we will do. She set a new 341 to supposedly "hold the date." My atty told me that her asst mentioned that we didn't have to come. She knows what we want to do with the prop. by the letter the atty faxed over. We didn't show and pacer states we didn;t appear. A new date is in the system. Same deal...didn't show, trustee says ok not to show. Pacer reads we didn't show up. Now today a new date is set again for next month. What is going on?

Is the trustee buying time? The prop is worth $52k. I exempted 20k of it. It's dirt land in the high desert of CA. Not worth sh**. I called THE MAIN realtor of the area the other day and he hasn't sold a property in over a year there. He states that NOTHING IS SELLING.

I think the trustee knows that and wants to see what can be shaken out of me for some sort of deal. If I offered 5k to close my bk the trustee might actually take it.

Anyhow, does anyone else have an opinion on why this date keeps getting pushed? I don't think my atty is lying to me about the trustees' office stating that we don't have to show. If I were suppose to show, I would think they would close my bk and have me start over.

Any thoughts?

[JRScott]

I don't know pal, Never heard of them keeping moving the 341. Generally if there is property that hasn't sold the case discharges on time and just holds up closing for months possibly years.

I'd have the attorney fax them again or call them make sure they did not lose the original fax. It is possible someone in the trustees office misplaced it and they aren't sure.

[ready2puke]

What does that mean discharges on time but the closing could take years...Does that mean Bill could be in limbo for years??? I have a simular situation and I have also heard that the trustee could keep the case open until he sells the property...
Sorry Bill what a major pain

[JRScott]

Well discharge is different than closing.

Discharge discharges your debt, but the case stays open until the Trustee can sell any property and disperse any proceeds to creditors. Thus if it can take months longer to close.

Most ones that last years before closing are ones involving APs against those who owe the person who filed bankruptcy.

[ready2puke]

Sorry whats AP's?

[JRScott]

Adversarial Proceedings

It is where the Trustee files suit against a debtor of the petitioner in order to disburse those funds to the estate, for disbursement to creditors.

[ready2puke]

Thanks so much Good luck Bill, keep us posted.

[Pinkie86]

Oh Bill. You poor thing.

I'm sure the trustee has got to know that they won't have any luck getting rid of it either. I'm so sorry you're being put through the ringer.

Best of luck and keep us posted.

[Dollar Bill]

Thanks everyone.

The trustee isn't so bad. Not at all as bad as I thought. I attended one 341. There is an interest in the property I mentioned. That's it! No statements stubs etc etc. Haven't heard from them other than the court correspondence.

We are getting ready for a discharge by next tuesday in what all 11 or more atty'd mentioned was a high profile C7. Doesn't appear that way to me.