Motion to extend

[newday]

I had my 341 meeting today which was fast and fairly simple, but now I'm worried. The trustee gave everyone a form that was a motion to extend deadline for trustee objections until August 2006. He said it was so that he could request our 2005 tax return and that we have until August to comply, and if we didn't that he would file to dismiss. Does this mean my bankruptcy is in a state of limbo for the next 9 months?

This form was handed out prior to the meetings even starting, to everyone so I don't think it's an indicator that my case is red-flagged.

It says
Stipulated order extending time for Trustee's objection to the discharge of debtor

Trustee, xxxx xxxxx the United States Trustee and the above captioned debtor by and through their counsel, do hereby stipulate and agree to extend the time within which the Trustee may file a complaint objecting to the discharge of the Debtor to August 1, 2006. The Debtor agrees to provide the Trustee with a copy of thier 2005 tax return and/or requested information prior to August 1 2006

[copper2]

Thanks for sharing about your 341. Where are you writing from? I have mine a week from tomorrow, and am preparing myself for anything. I had heard that bank accounts are monitored up to a year after a BK for things like inheritances, etc. I don't know how this is done, but probably in the manner you just described.

[newday]

I'm writing from Reno Nevada. I understand that a discharge filed doesn't necessarily mean it's all done and over with but it sure helps with the anxiety. I've re-read the stipulation and the handout and it seems that as soon as the taxes for 2005 are turned over the Trustee will file a motion to release the extension, which helps the queasy feeling in my stomach. It just seems like such a long time to anticipate an objection, but I have no choice but to bear with it. I was honest in my filing so I hope there aren't any suprise obstacles.

If it weren't for this site I'd be going crazy!

[derf]

I had my 341 meeting today which was fast and fairly simple, but now I'm worried. The trustee gave everyone a form that was a motion to extend deadline for trustee objections until August 2006. He said it was so that he could request our 2005 tax return and that we have until August to comply, and if we didn't that he would file to dismiss. Does this mean my bankruptcy is in a state of limbo for the next 9 months?

This form was handed out prior to the meetings even starting, to everyone so I don't think it's an indicator that my case is red-flagged.

It says
Stipulated order extending time for Trustee's objection to the discharge of debtor

Trustee, xxxx xxxxx the United States Trustee and the above captioned debtor by and through their counsel, do hereby stipulate and agree to extend the time within which the Trustee may file a complaint objecting to the discharge of the Debtor to August 1, 2006. The Debtor agrees to provide the Trustee with a copy of thier 2005 tax return and/or requested information prior to August 1 2006

Sounds like your in it for 9 months to me.




To use a term that Trustee's are fond of using, in your case, it sounds as if the Trustee is "Substantialy Abusing" his powers.

That is really a pretty unreasonable amount of extension, especially for everyone in the room. It must have something to do with the backlogged courts. That's all I can guess.

Best of Luck though!

[AAAArt]

File as soon as you can. Send the Trustee a copy of the filing. If you're getting a refund, it sounds like they want it, so you'll have to wait for the check to come back and then send that, but I would just send hime a copy ASAP when you file. Doubt that you will have to wait til August '06, but this (insert your own derogatory name) Trustee sure isn't in a hurry to help people. Sounds like they just want to make sure that they get everyone's tax return. Good luck, Art

[edwards2]

I would do exactly what AAAArt suggests. The trustee just gave you that date in August to cover all the ground in between obviously not knowing when you will get your income tax refund. I think once you send the refund to him he will discharge your case. We had the trustee do the same thing to us although not for so long a period of time and not over a check but over an expense. Once she was satisfied with what we submitted she withdrew her motion and our case was discharged.