AC, the first 341 was on 10/14, but continued only because lawyer forgot to bring signed reaff's to the trustee that day. Trustee said for us not to attend continued 341 on 10/23 because it was only to receive the signed reaff's to complete the paperwork to him
So are you saying we have until the 24 of Nov. (from the first 341 of 10/14) for objections to exemptions for UST and trustee and unsecured creditors? Or is it from the continued 10/23 because it is not concluded yet, or at least I don't know it as I can't see anything on Pacer.
I will call the courthouse this morning and see if I can learn anything. But, if the 30 day deadline is 11/24, that is this Tuesday! This is so nerve racking, but I do want to know the end result no matter what it is now...........
I appreciate more than you all know of all your inputs here on our case. Personally, I am now hoping to be put into an asset case and then give up two of the reaffs back to hep pay for the unsecured debts we owe. But get discharged on 12/14 as planned. That makes sense to me. We have not had any fraud or preferential payments.
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Yes but I believe the UST has only ten days from 341 to object, I believe it is the same for the Trustee unless something pops out of the woodwork, like fraud or preferential payment as did mine. The Op had their 341 on 10/23 coming fairly near to 30 days. Even if the file was not updated, the clock still tics in their favor. In this case, no news is good news. If they call the Courthouse, talk to their case worker, the case workers have better access to PACER details. Note some notes are not available to the clients on PACER. I would also check the scheduled events (don't remember the correct name) that gives important dates. It may not be in the docket record but it could state waiting on discharge. 'HubOriginally posted by music12 View PostLeave a comment:
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i thought that even if the trustee does not file any report, the case can still be discharged and then everything is considered abandoned. so if the trustee is just being lazy, things should be fine. if the trustee has something up his sleeve, then finding out about that would probably be a good idea...Leave a comment:
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You are right. I will rattle some chains!! Thanks to you and AC!!Leave a comment:
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If your lawyer hasn't heard from the trustee, urge him to be more proactive -- to call the trustee -- "Hey, what's up? Michigan1951 is languishing on the docket out here and hasn't yet received a trustee's report or a discharge. Is there anything we still owe you or is there some question you need some more information on?"
Rattle cages, yank chains, be the squeaky wheel. Don't just sit there passively waiting for someone to call you.Leave a comment:
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Out of ignorance and a pee poor lawyer, we lingered almost three years. Year and half before filing, and on the last business day of 2007 at 4:30 and a very angry lawyer, with very angry clients, we filed. Just closed after every possible error one could make except fraud. We were blessed with a good Trustee. Quit your worry. We made it, they made it, others made it, and you will make it. GBWY 'HubOriginally posted by Michigan1951 View PostLeave a comment:
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Thank you for replying. I knew I could count on you. I am consumed by the waiting game for sure. I am hoping no news is good news though. My lawyer said I would be the first to know anything once he knows when I emailed him over 10 days ago. I thought about calling the trustee's office, but was afraid to make them mad or look at my case in a negative way.
A.C., has the 30 day objection to exemptions been reset since the 341 was continued?
It has not concluded yet either. The continuation was held on 10/23. So I don't even know where we are at on the timelines with no conclusion of 341 or a report. Our case is dragging like no other to me now......Leave a comment:
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Hey, "Mich" you are right. You may talk to us of course. Now, settle down, you are over reacting. PACER is put up electronically by your lawyer and the Trustee as well. If things have been left out, it could still be on his agenda. You may call your Courthouse and your agent (we all have one) and he/she will tell you what they have on the agenda. PACER is not perfect and it is only a legal advice tool. In the event you get no response from your lawyer, you might call the Trustee direct. You do not really want to talk to him only his "front end" so to speak who will look up his record on your case.
You will be fine. I've had this same thing happen. 'HubLeave a comment:
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Is no news considered good news on Pacer?
I realize the courts here in Michigan are bogged done. But, I did some checking and cases before ours and after in regards to the 341 mtg. has come and gone, and all of them have had the Trustee's report entered. We had our 341 continued but we didn't have to be there though. Our lawyer forgot to bring the signed reaff's with him to cause the continuation on 10/23. Our original 341 was 10/14.
What could be the hold up? I called the lawyer 10 days ago and he has not heard a thing from the UST or Trustee. Does anyone see a pattern here or something?
Also, is it possible for this to go right up to 12/14 the discharge date and our case does discharge, or can it without the TT's report?
I have read all I can on the forum and I can't find anyone that has experienced this. At one time, I remember that Backtoschool said if the case is lingering on and there is no report or anything on Pacer, that is probably means we are being turned into an asset case which we would welcome instead of being dismissed, or thrown into a chapter 13.
The Trustee is one of the nice guys in this district, I am told, so that gives us some hope. If the UST was going to dismiss or anything, or the trustee was going to give report other than no distribution, wouldn't we have heard by now? It is 11/19..............our discharge date is 12/14.
I am assuming that coming to the bk forum is also for someone to talk to about our fears, or speculations while we all wait around. It is un-nerving.
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