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Documents re: Precautionary Objection/Payment

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    Documents re: Precautionary Objection/Payment

    On august 12th the trustee filed a precaution objections to my IRA exemptions, awaiting the proof of statements. Those were supplied rapidly. Also, a cashier's check for $4,200 was due this month for the buy back of my van. over and above the exemption. I paid that. So far Pacer shows nothing about either of these events. The last document filed wasthe one on aug 12th. My 60 days are up today. What's the story? Should a removal of the precautionary objection be filed in the court case? Should something show re: my payment for the van? The trustee never asked for the pink slip, (van free and clear) so the title did not change hands. Any opinions on this? My lawyer just tells me to "be patient, these things take time." Thanks in advance!!

    #2
    no one has any answers to these questions? I'm surprised!

    Comment


      #3
      what exactly is a 'precautionary objection'? maybe nobody responded because nobody knows what it is!!

      anyway, whatever it is, it's not an objection to discharge, only to exemptions. so i see nothing preventing your discharge.

      strange that the precautionary objection to exemptions came long after 30 days from your 341 (which i presume was 2 months ago). they only have 30 days.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        thanks music12!! The objection DID come within the 30 day period. The reason it was "precautionary" is because if the funds were NOT in an IRA, the tt had filed within the 30 days and could take the money. I supplied the statements proving the funds were in fact exempt. Apparently my attorney needs to get with the tt on an Agreed Order overruling the objection. I will call him Monday to see if this has been done, and if so, why is it not filed in the court case yet.

        Comment


          #5
          What the Trustee does outside the Court almost always takes a LONG time to update in PACER. The Trustee is not the Court, so the lag between updating flags and things is normal.

          The procedure for answering the Objection to Exemptions, if the Trustee has the paperwork, is for your attorney to file a Stipulated (or Agreed) Order Denying Objection to Exemptions.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            thank you justbroke, al always you bring sanity to an insane process! :-)

            Comment

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