update on my case, part 5

[backtoschool]

I've been reading your posts for a few months now and just want to tell you how happy I am for you that your nightmare is almost over.

Thanks ForTheBest! Believe me I am so happy that this bankruptcy is finally nearing its end!

[ForTheBest]

I've been reading your posts for a few months now and just want to tell you how happy I am for you that your nightmare is almost over.

[backtoschool]

WOW! What fantastic news!

You really deserve a fresh start and I can see you making the best of it. Watching you master this process has helped me with my determination and courage! Your help on these forums is the one asset I know Mr. Fudd would have taken had he been aware of it.

I hope you stick around and continue to help the rest of us post-discharge!

Thanks Ohiofiler!

I intend to stick around this forum for a very long time. There are things that I have learned here that I will use and carry with me my entire life, long after my bankruptcy is closed. I really want to help, in any way I can, those that come after me in this stressful process.

But I have to admit, although you are almost always spot on, I think you are overestimating the savvy of my trustee.

[OhioFiler]

WOW! What fantastic news!

You really deserve a fresh start and I can see you making the best of it. Watching you master this process has helped me with my determination and courage! Your help on these forums is the one asset I know Mr. Fudd would have taken had he been aware of it.

I hope you stick around and continue to help the rest of us post-discharge!

[maddog2112]

Thanks a million kingxray and B2s!! I think i`m going to sleep extra good tonight ! You guys are the best! B2S, I`m having a cocktail right now and toast to your new start. All the best to you my friend!:

[Kingxray]

Sorry B2S. I must have misread your reply. I didn't wan to rain on your happy day

Maddog if you are 18 days out from your 341, I wouldn't worry. You're on your way. You are now in the 60 day club! That's good news.

[backtoschool]

I believe I am corrrect regarding the 10 day deadline, B2S. The reason being is that the UST mentioned that very deadline in our motion to dismiss. It says, "...the UST has not later than 10 days after the date of the first meeting of creditors to file with the court a statement ..whether the case would be presumed to be an abuse under...707. It also went on to call it the "10-day statement".

In the next paragraph it also mentions the 30 day deadline after filing the 10-day statement.

Not trying to cause a debate, I am just going off what it says in our motion to dismiss. Maybe it is different by district?

Yes you are right about the 10 days the US Trustee has. I left them out by mistake and was only referring to the 30 day deadline after filing the 10-day statement.

[Kingxray]

The US Trustee has 30 days after the 341 to file a presumption of abuse report, but has the entire 60 days after the 341 to dismiss the case for totality of circumstances and/or fraud.

All reports, both panel trustee and US Trustee will show up on pacer eventually.

I believe I am corrrect regarding the 10 day deadline, B2S. The reason being is that the UST mentioned that very deadline in our motion to dismiss. It says, "...the UST has not later than 10 days after the date of the first meeting of creditors to file with the court a statement ..whether the case would be presumed to be an abuse under...707. It also went on to call it the "10-day statement".

In the next paragraph it also mentions the 30 day deadline after filing the 10-day statement.

Not trying to cause a debate, I am just going off what it says in our motion to dismiss. Maybe it is different by district?

[maddog2112]

king xray, it`s been 18 days since our 341. I`ll keep watching pacer. Thanks

[backtoschool]

The US Trustee has 30 days after the 341 to file a presumption of abuse report, but has the entire 60 days after the 341 to dismiss the case for totality of circumstances and/or fraud.

All reports, both panel trustee and US Trustee will show up on pacer eventually.

[Kingxray]

Thanks BTS, I assume that would be on pacer?

When was your 341? From what I understand the UST has certain deadlines they have to meet. They have 10 days from the conclusion of your 341 to file a statement of abuse and 60 days to file objections to discharge. If they file a statement of abuse, they then have 30 days to withdraw the statement or file a motion to dismiss or convert.

The UST was not at our 341 but did file a statement of abuse before our 341 was concluded and a motion to dismiss within the 30 day deadline. The panel trustee did file his report of no distribution after our 341 was concluded. This all shows up on Pacer, so no news is good news. Just watch the timetables from the date of the conclusion of your 341.

[maddog2112]

Thanks BTS, I assume that would be on pacer?

[backtoschool]

Hey back to school, did the ust have to write something on your case since he was involved? Mine asked several questions at the 341, but that was it. Haven`t heard a thing since. I wasn`t sure if he had to write a report too, on top of the no distribution from the panel trustee. Sounds like you`ve reached success!! Good luck to you!!

Hi maddog2112. The US Trustee never got involved in my case. I had a rabid panel trustee though, who give proctology exams as a hobby.

If the US Trustee's office was involved in your 341, their reports will be separate from anything the panel trustee writes.

[Kingxray]

That is a bargain B2S. We had to purchase $10,500 of our sins back. Also an AP is still hanging over our head by a civil suit he never took to trial (five years old) and attempted to put it to Federal. It was abated till the civil suit is finished one way or other. To date, Karma. He had a massive coronary and renal failure. He survived but I have heard nothing from the suit. In two months I can ask the Court to close the civil for non prosecution, and the AP will follow it. Life is good. 'Hub

OMG and I thought our case was a nightmare! I don't know your BK story but do you mind telling who "he" is? Our "he" is my dad, who as of yet has not filed an AP and our 60 days are up so I am hoping he is out of our BK and our life. Life is still good and when you unload that AP life will even be better!

[HakunaMatata]

BTS, they are simply trying to align our discharges so we can have a HUGE celebration!

Oh...in case I forget, you're paying. The trustee and I discussed this prior to your 341 and he determined $1,000 would be a sufficient party fund. Of course, I tried to get your tax return. The trustee wouldn't oblige and kept saying something to the effect of wabbit twouble.