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What next? Discharged, but converted to asset case; 341 not closed & no TT report...

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    What next? Discharged, but converted to asset case; 341 not closed & no TT report...

    My ex and I filed no asset CH7s around the same time at the beginning of this year. Mine was pretty cut and dry; I was discharged and my case was closed fairly quickly.

    However, my ex's case was converted to an asset case a couple months after his 341. The trustee later filed his report of first meeting held (which cannot be pulled from Pacer for some reason) and he was discharged about three weeks later (this past August).

    His attorney will not return his calls and he still has no idea why he was converted to an asset case and what the trustee wants. Upon being converted, the trustee notified his creditors to make claims and that time period has come and gone. His creditors, of course, all filed claims.

    What should he do? The 341 was never closed, he can't view the trustee's report of the first 341, has no idea why he was converted and he feels like his hands are tied. And, since the 341 was never closed, the trustee can still object to any exemptions.
    CH7 Filed 2/26/2009 (no asset)
    341 Meeting 4/7/2009
    Discharged 7/10/2009
    Closed 7/28/2009

    #2
    try to get a copy of the trustee's report directly from the trustee. from various stories on this forum, it appears that trustees sympathize with debtors whose attorneys abandon them... but just ask for copies, don't say anything until you get info.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


      #3
      Yes, I would call the Trustee's office and ask them what you are expected to pay them. Let them know, upfront, that calls to the attorney have gone unanswered for weeks. Trustees don't like that, and I'm sure they'll slap the attorney around a bit.
      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


        #4
        Thank you for the suggestions. I passed the information along to my ex and he is going to call the trustee today. I hope he gets the information he's looking for. It's been over three months since the trustee filed his report; he should have been informed about what is going on before now.
        CH7 Filed 2/26/2009 (no asset)
        341 Meeting 4/7/2009
        Discharged 7/10/2009
        Closed 7/28/2009

        Comment


          #5
          Yes, I agree with what Music12 and Justbroke said. Our trustee ended up contacting US when he could not get our attorney regarding a potential compromise on an 'insider preferrential payment'.

          Please let us know how it turns out.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

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