Anyone Hear of U.S. Trustee Objecting after 60 days?

[spooby72]

We just hit the 60 day mark for creditor objections and was wondering if anyone has had their U.S. Trustee object after this point but before the discharge?

[bkfiler]

US Trustees almost always object near the end of the case, just before discharge. no idea why. maybe its becuase they are fianlly gettign around to typing up the motion. regardless of why, its just what i keep seeing over and over.

that is of course if they object at all. most often they do not.

the trustee on the other hand objects and requestions things anytime before and recently afterwards if something is seen to be wrong. but they of course could object on the last day as well.

[edwards2]

spooby72 - My husband and I are a perfect example of your question....The US Trustee did object to our case ONE day before our discharge. Actually she filed for a motion to extend time which virtually says that she suspected substantial abuse...dont freak out over the words...I did and what it meant was we had a private school tuition expense which was over their approved amout...and we did not submit all the paperwork she requested prior to our 341. I think we were flagged because our income was high(so were our bills). Anyway she told our lawyer that the reason she waited until then was because she didnt have time to go over the additional paperwork we submitted so she filed the motion. I was a wreck...we ended up sending a lot more paperwork and met with her in a 2004 Exam. That meeting with her turned out to be our best defense. Once she met us and we explained our situation she told us we had been through enough and our case was discharged. It was a frightening month and one I hope i dont ever have to go through again. I think the reason you get the word so late is that they have so many cases they simply cannot investigate each one in the time allotted. Keep in mind though this is not the norm....

[spooby72]

Thanks for your thoughts...

Today we hit our 60 day waiting period...our case through pacer says last day for objections is Monday, 14th.

I would not be so stressed had we not of opened several new accounts at the beginning of this year and we did very large cash transfers in February. We made our payments on them for 3-4 months and of course included them in our bk. Those potential red flags are what keep me stressed.

Our income was around 40k a year for a 3 person household...are expenses were below the IRS tables...we turned our new cars in so we aren't trying to keep large payments. Other than the large cash advances on those new accounts we were an easy no asset case.

I have returned to work and our income is much higher now and if the trustee was to object or ask us for any updates...we would be screwed for lack of a better word.

[bkfiler]

congrats spooby!

most people are probably worried most about that too.

it would be helpful, if you can and are willing, to you share how large the cash advances were, how much total debt you discharged?

also, were you asked about cash advances by anyone? told anyone? or even asked how your debt became so high (if it was)?

thanks

[FoolAndHisMoney]

congrats spooby!

most people are probably worried most about that too.

it would be helpful, if you can and are willing, to you share how large the cash advances were, how much total debt you discharged?

also, were you asked about cash advances by anyone? told anyone? or even asked how your debt became so high (if it was)?

thanks

Yeah, please do if you can.

Hopefully the next 2 days spooby will go very smooth and you will not hear anything bad. Good luck!

[spooby72]

nope....

We never received any requests for information or statements before our 341. Our 341 went perfect without a hitch. We were prepared with bank statements, paystubs (my wifes), titles and mortgage deed. We filed pro se using Form 7. The trustee asked us about 4 basic questions and said we were a no asset case and thanked us for our time. We were prepared for the worst but it went very well....our petition was complete and accurate. We had fewer questions than a lot of people who had attorneys.

We waited through our 60 days with no creditor objections...unless one pokes his head out Monday.

Bank of America laid me off last year and we included an unsecured card from them for over $10k...don't really feel bad about that one. My layoff helped kick off my financial failure....immature way of looking at it I know but I gave a lot to a company that laid off 400+ people because they were done with us.

My case has been a perfect, no surprises case but I know that can change at any time. I am so close to having this chapter closed and I will be on to more responsible money management and credit repair. I just hope the U.S. Trustee doesn't feel the need to get difficult at the last minute.

Total debt dischared...45k...18k was balances owed after two repos to our credit union. Cash advances were money transfers to lower interest cards.

[2US]

To Spooby's original question. Can the U.S. Trustee object or enter a motion to dismiss AFTER the last day for objections (Monday) but BEFORE the actualy discharge order is granted? Or does he/she have to object BEFORE or on DAY of? Does anyone know? I am curious as well, as my last day is on Monday too...

[bkfiler]

if they were going to object and they were not ready then they would just get it pushed up a month. so it wouldnt really matter. once monday comes and goes for you then you are safe. of course there is the delay in getting the entry into pacer.

its always something!

[Teri]

We had our 341 last week and a case before ours had the US Trustee sit in and question the debtors. They were high dollar debtors. Income over 250K and had a house worth 1.5 million. First the regular trustee questioned them and then the US Trustee questioned them. They were up their quite a while. Scared the crap out of us because we thought she was their for all high income people - made our 115K income look small....after she was done with them, she left.

[bkfiler]

you have 115k income and you can file chapter 7?

great! hope all works out very well

how much debt do you have and expenses monthly, if you will.

[2US]

What State are you in? I'm in CT, a high income filer and today is my last day for objections.... I'm checking PACER like a maniac; so far, so good...

[bkfiler]

2US, if you will also, how much income, debt and expenses did you file with?

i never knew that you could file with so much income. great to hear and i hope all goes perfect

[edwards2]

2US - the trustee can object at any time up to your discharge date...they did that to us. She had to have a motion granted to extend time so she could investigate our case further but the trustee does have the power to delay the discharge with the judge's approval. I was under the impression she had to object within the first 30 days but that is definitely not true. If you have an attorney however, that person should have a general idea whether the trustee will have any problems or issues with your case. We knew we might have an expense questioned and we did. Fortunately, we proved our case and were discharged.

[Teri]

Our income per month was $7048 and our expences per month are $7753 - seven people in our household - $115K per year was nothing compared to the $250K people before us....our house is worth 240K and we owe 239K--their house was worth 1.5 Million - and it did appear to me that their bankruptcy was going to go through without a hitch also....just had to send the US trustee and the original trustee a bunch of paper work...mostly had to do with the trustee taking their home and selling it

our securred debt was actually $238,000 and unsecurred debt $90,200.72

We are in Colorado