Last Day, and then....

[elkaholic]

Today is the last day for any objections to my CH 7 (no assett case), and at noon, the trustee's office requests a 60 day extension from my attorney. HOWEVER, they were already given a 45 day extension in December (which ends today obviously).

Now what-I'm waiting on a call from my atty about how to proceed. My 341 meeting was back at the very beginning of November, which went fine.

This is beyond frustrating and I'm not sure where to go from here.

Any thoughts?

[liz417]

Agghh!! What's the problem, do you know? Are you an asset or no asset case?

How frustrating! Sorry

[elkaholic]

It's a no asset case. That's why I don't understand-what more can come up that hasn't in the last 4 months this has been going on?

They were trying to show that I had enough disposable income to be in a 13 at one time (December) but, we've not heard a thing out of them since then, almost 2 months ago.

[B65]

Im sorry to hear that

This seems to happen all the time when it is the last day, At what day did the UST get involved to begin with? also what did they want you to provide in the original 45 day extension? anything?

[southernbelle]

Sounds like are just stalling to gather information to put you into a Chapter 13(which REALLY stinks)!!!! That burns me up. Why do they keep dragging their feet on this? One extention is bad enough, but another one at the last minute. Sounds like my PIA Trustee that ordered an appraisal of my home on day 63 after the 341.

Just stand behind your figures and keep in touch with your atty. You'll be fine. They are just searching for something that isn't there.

Good Luck. Sending good vibes your way.

[elkaholic]

They asked for NO additional info or documentation from me at the 1st 45 day extension and they're asking for nothing today either.

As far as the UST, I would assume his involvement in it did not really begin until the 341 meeting at the beginning of November, because we heard nothing from them between filing and the 341.

Atty said via email that he could object to another extension but run the risk of them dismissing it all together if he does. Is objecting to their request the same as just not responding to it? (maybe a stupid question but I'm no atty either!)

[B65]

also

Just wondereing did the UST file an presumbed abuse within 10days of the 341? is that when they asked for the 45 day extension?

[elkaholic]

Just wondereing did the UST file an presumbed abuse within 10days of the 341? is that when they asked for the 45 day extension?

No, that has never been filed.

[B65]

wow

this all confuses me, I thought that they had to file a presumption of abuse and do that within 10 days of the 341 (to convert to a 13) then after that they have to file something else within 30 days...

so it sounds like none of this was done, or maybe they did not need to if they filed the 45 day extension? when was that filed? also is it the UST or the panel trustee that wants the extension?
I would not object to the extension, it seems you just have to let it ride... what were the numbers on your schedule J? are you over/ under median income?

wishing you the very best...

[elkaholic]

so it sounds like none of this was done, or maybe they did not need to if they filed the 45 day extension? when was that filed? also is it the UST or the panel trustee that wants the extension?
I would not object to the extension, it seems you just have to let it ride... what were the numbers on your schedule J? are you over/ under median income?

The 45 day extension was filed on or about the 2nd week in December. I was told it was the "UST's office" that wants yet another extension. If I let it ride, I am told by my atty that they could require me to do a deposition, and I do not know what is involved in that but it doesn't sound appealing to me. I don't remember the details of my schedule J off hand, but they (UST) were initially trying to say that since I surrendered one of the 2 vehicles in my name, that frees up enough $ to be in a 13, however many judges in my district do not agree with this, as they want ALL debts factored in that got a debtor into this position in the 1st place. When the UST raised that point, they then requested the 45 day extension, and then not a word 1 until today, so I don't know...

[B65]

the thing

is even though someone says they are surrendering a vehicle, it is not fair as they do not allow ride throughs and they will not help you reaffirm so what are you suppsed to do? also do they think you are not going to turn around and get another car? so even if they put you in a 13 because of that within weeks you can get out of one by getting a 2nd car which they have to allow!

you didnt mention if you were under median?

so by the sounds of it... after your 341 you heard nothing for 4 weeks then they filed an extension, i didn't think they could do that, I thought they had 10 days after 341. I would mention that to your att.

B

[SubPrimeME]

AHH, so the UST was involved at the 341. OK so that sounds like how it works. If the UST is involved at any point around that timeframe, you can almost count on some sort of extension if there is going to be one. If you don't hear from the UST then, it sounds like all goes smooth.

I believe I am seeing the trend....

[southernbelle]

I think you're right SubPrimeME. Of the cases I've read about, it always gets a little more complicated when the UST is involved. When I had my 341, the UST wasn't there and to this day, an actual person wasn't named on PACER from the UST's office. I'm now thankful because I was over the median big time and was filing a non-consumer case so I was hoping the UST didn't get involved (even though about 75% of my debts were from my business), but trust me the local Trustee was plenty thorough for both of them.

[elkaholic]

also do they think you are not going to turn around and get another car? so even if they put you in a 13 because of that within weeks you can get out of one by getting a 2nd car which they have to allow!

you didnt mention if you were under median?

I have 2 cars financed in my name at this time, I surrendered one in the 7 and am keeping the other (but not reaffirming at this point). I was under the impression that you were not permitted 2 cars, plus I don't want/need 2 car payments or 2 vehicles.

My income is above the median, however due to the amount of expenses and all, I passed the means test WITH the surrendered vehicle taken into account, it was negative $200 or $300. Their only arguement thus far had been that with that care taken off Sch. J, I could pay into a 13.

My atty thinks we should give them the 60 days and see what happens, so I told him to go ahead. He was virtually certain they'd move to dismiss if he objected their request to extend.

[Help!]

Do you receive income in the form of bonuses? The UST may be stalling to see if you're getting a bonus or because they have a hunch your income will increase. I think your attorney is doing the right thing since there was no formal statement of presumed abuse filed. Sounds to me like the UST is grasping at straws or waiting for you to do slip up in some way.