Report of no distribution

[Kingxray]

We had our 341 continued several times. The last one being this Monday (we didn't have to go though). During that time the UST filed a statement of abuse due to the persistance of my dad's lawyer. Today the panel trustee filed a report of no distribution and satisfied our 341. Great. But our flags still say Meansyes, no discharge. What to you think this means? Our lawyer said that if UST withdraws statement of abuse you really don't hear about it. Any thoughts? Thanks.

[justbroke]

The flags almost always are way behind reality. They will get updated if all is well. Sometimes it just takes time. Mine still says Awaiting Confirmation Hearing when mine was more than 9 months ago! Oops!

[AngelinaCatHub]

The flags almost always are way behind reality. They will get updated if all is well. Sometimes it just takes time. Mine still says Awaiting Confirmation Hearing when my was more than 11 months ago! Oops!

As usual, JB is correct. Our PACER is way out of date on things that were done and the table that says schedules (or whatever) are missing the completion dates. Yet the docket is correct. 'Hub

[Kingxray]

Thanks guys. I was hoping you were online tonight. That is what I thought too. One flag says our 341 is scheduled, when we went in Aug. So I'll keep my fingers crossed. Thanks again.

[aces67]

If the UST withdraws his statement you'll get a notice in the mail and it will show up on Pacer about 5-7 days before you get the notice.

Good Luck to you! I hope he withdraws and this is it for you!

[Kingxray]

Any opinions on how likely it is that the UST will withraw the statement of abuse now that the panel trustee has filed the report of no distribution? Or does one really have nothing to do with the other? Just curious or wishful thinking on my part. Thanks.

[aces67]

Not sure. Our 341 went without a hitch and the trustee immediately filed no distribution. Then a few days later the UST filed a presumption.

[Kingxray]

Not sure. Our 341 went without a hitch and the trustee immediately filed no distribution. Then a few days later the UST filed a presumption.

Thanks. That's funny cuz UST got involved in our case before the 341 was concluded. I guess it just depends on the district. Did you ever find out why the UST got involved in your case? We still aren't 100% sure why the UST is involved in ours.

[aces67]

What do you mean you don't know why?

The UST filed his presumption and then within a few days he filed a motion to dismiss. The motion to dismiss listed every single issue he had with our case and then we had to file an objection to his motion and address each line item.

You haven't received anything like that? Maybe the UST is undecided what to do in your case.

[Kingxray]

What do you mean you don't know why?

The UST filed his presumption and then within a few days he filed a motion to dismiss. The motion to dismiss listed every single issue he had with our case and then we had to file an objection to his motion and address each line item.

You haven't received anything like that? Maybe the UST is undecided what to do in your case.

Sorry, maybe I am not explaining this right. The UST filed a "statement of abuse", not a "motion to dismiss". In the statement there is no specific reason why it was filed. The motion to dismiss comes after the statement of abuse is filed. We have not received that motion as of yet. Our lawyer says the UST may just need more time but we are prepared if they do file the motion to dismiss. Hope that clears things up. Thanks again.

[aces67]

Hmm I would think if he didn't immediately file the motion then he really may be unsure about how he wants to proceed. You've been through a lot with this and I hope this is it for you!

[Kingxray]

Thanks I appreciate the support. This whole thing has been a nightmare. I hope it is over soon. UST filed the statement of abuse about 17 days ago and thankfully still nothing new has been filed. It is like being on a rollercoaster. My fingers are sore from keeping them crossed for so long

[justbroke]

Maybe a clarification is necessary.

The Panel Trustee, assigned to oversee your case, is responsible for administering your case, conducting the 341 Meeting, collecting assets, selling assets, and those related tasks.

The United States Trustee (UST), is responsible for managing the entire Bankruptcy Program and is the person who files for a presumption of abuse and dismissals.

The Panel Trustee and UST are two different entities with different jobs. The Panel Trustee really works for the UST.

The Panel Trustee can find your case to be a No Asset case and file a No Distribution report and ask to be relieve, just as the UST if filing a presumption of abuse and then a dismissal.

I think people think the Panel Trustee and UST are the same person, and they are not.

[Kingxray]

Maybe a clarification is necessary.

The Panel Trustee, assigned to oversee your case, is responsible for administering your case, conducting the 341 Meeting, collecting assets, selling assets, and those related tasks.

The United States Trustee (UST), is responsible for managing the entire Bankruptcy Program and is the person who files for a presumption of abuse and dismissals.

The Panel Trustee and UST are two different entities with different jobs. The Panel Trustee really works for the UST.

The Panel Trustee can find your case to be a No Asset case and file a No Distribution report and ask to be relieve, just as the UST if filing a presumption of abuse and then a dismissal.

I think people think the Panel Trustee and UST are the same person, and they are not.

Thanks, I am aware of this. Our lawyer explained it to us. If you remember we dismissed our first BK and this is our second go around. I just really need it to end. I guess what I'm asking is does anyone have an opinion if the panel trustee files the report of no distribution will that convince the UST to withdraw the statement of abuse because the UST feels the estate has now been fully administered? Again, may be wishful thinking on my part, but I can't help but see this as a good sign. Thanks for all of your advice.

[justbroke]

Thanks, I am aware of this.

That wasn't directed at you Kingxray. A general observation in this thread led me to believe that some forum members are confused about the relationship between the two people.

I was trying to insure that everyone understands that one has nothing to do with another. You can be an under-the-median no-asset case and still have your case dismissed by the UST for abuse, totality of circumstances and/or bad faith.

A report of no-distribution has absolutely no ties to a finding of abuse or any other reason for which a case may be dismissed or converted.