Is no news considered good news on Pacer?

[Michigan1951]

Thank you everyone on this particular thread who contributed their knowledge to guide me along!!

[Michigan1951]

Up to date info. on my case today

Okay, this is an eye-opener to me. I have been seeing discharges left and right shortly after the objections to discharge date passes. These cases have had their no distribution report by the trustees already posted right after their last 341. Well, our 341 was HELD on 10/23, 2009, but the trustee didn't post our case as HELD until Jan. 9, 2010. His office said it was an oversight. Geeeezzzzz.

So here comes the (10) day timeline of 2009 after the posted 341 HELD was actually posted, right? I called the courts and our case manager said the discharge will post today. Today is January 20th. I waited until about 3:30pm and the case manager said ,"I was trying to call you, because I made a mistake. The policy changed from 2009 to 2010 about the (10) timeline after the 341 is HELD. You will not get your discharge until next Monday, on January 25th......"

I was so pumped to get my discharge today only to find out she added another 3 days to it. She said she was so sorry for giving me the old policy of (10) days when it is now (14)days. I asked if maybe I could be grandfathered in....... But she said softly.......no, sorry. My thoughts were................crapola

The only thing about the whole thing is that I get to come to the forum and see a couple of discharges today, which does make me happy for them!!

[Michigan1951]

One more great piece of advice to call on Monday!! Thanks again.

[music12]

i know exactly what you mean by "more than you know" i've been there, done that!

i think there would be no harm in calling monday and asking. that's how i got my discharge too. good luck and enjoy this weekend of almost-freedom.

[Michigan1951]

thanks, music12! After not seeing any pacer action since 10/23 my eyes got use to it, but then the no report of distribution hit today, and I didn't understand the wording and all. The courts said once the HELD is posted, it would or could take up to 14 days to see the discharge on pacer. But, others say to call on Monday, and ask anyways.
I appreciate your support more than you know, and all others here with so much knowledge to share with newbies like me.

[music12]

that's your report of no distribution. rejoice! you don't need a brain, you're just fine...

your court might take a while to enter the discharge but you are basically home free, it's just a technicality.

[Michigan1951]

It was posted today, Jan. 9. 2010!!

Ohhhhhhh baby!!!!!!!! Thank you for the tip to call the court once I see the report of nodisbritution!! The court said even when it is posted it will take 14 days to post the discharge? Is that right?????? Gezzzzzzz.

I need someone to read this and tell me what it means. What does abondoned mean, and stuff.

First Meeting of Creditors Held and Chapter 7 Trustee's Report of No Distribution: having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 4 months. Assets Abandoned (without deducting any secured claims): $ -----, Assets Exempt: Not Available, Claims Scheduled: $ ------ Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ ---------- Filed by Trustee:------ (RE: related document(s) 2 Meeting of Creditors (Chapter 7)). (trustee name) (Entered: 01/09/2010

SO NOW WHAT? I AM BRAIN DEAD HERE........CAN'T THINK.......I NEED THE FORUM SO BADLY RIGHT NOW.....

[Michigan1951]

In response to your theory!!

i think you'll get your report of no distribution on monday if not today, and on tuesday you won't need to call the trsutee's office because you'll already see it on pacer, so you'll call the court and ask to be discharged, and by the end of the day hamsters will be dancing!

Ohhhhhhh baby!!!!!!!! Thank you for the tip to call the court once I see the report of nodisbritution!! The court said even when it is posted it will take 14 days to post the discharge? Is that right?????? Gezzzzzzz.

[Michigan1951]

Thanks for the support. I called BACK to the clerk's office and mentioned that the report of no distribution should post next week. They said that that isn't what they need really. They need to see that the meeting was HELD. I said it was HELD on the automated line to them. I also said that the trustee's staff lady told me that she sees that itwas held and satisfied on 10/23 in connection with the 10/14 First meeting.
The mortgage reaff papers were given to the trustee on 10/23.
The clerk's office said all they need is the electronically filing from the trusttee's office about the meeting HELD, and the court office said the trustee's office knows this fact that the report doesn't have to be with the HELD to move forward to get the discharge since there is NO ISSUES logged from UST, TRUSTEE, or creditors. And, anyways, even if there were issues, the discharged comes anyways, irregardless.

I left the trusttee's staff lady (name kept out) a message on her answering machine that maybe someone there can do the electronic filing of the 341 meeting HELD to move this along. I was very calm and polite..............

[music12]

i think you'll get your report of no distribution on monday if not today, and on tuesday you won't need to call the trsutee's office because you'll already see it on pacer, so you'll call the court and ask to be discharged, and by the end of the day hamsters will be dancing!

[HakunaMatata]

Good for you!! You've exercised great patience. If you were "lost in the shuffle" it's time to bring you out so you can perform your discharge dance!!

[Michigan1951]

Too MiBankruptcy's advice.....rattled some cages.

I fired an email to my lawyer and questioned the stall on my case?
Will get a response possibly tonight, or else he will dodge it for a week like he did before.

Next I called the courts and they said the trustee has to file his no distribution report and show the 341 was HELD. It was HELD by the way.
They suggested that I call directly to the bk trustee's office and at least speak to the office bk staff. I did call and was so glad to get a nice
lady to help me out here.
1) she looked at my case and said sometimes a case gets lost in the shuffle
2) my case has no issues at all. The reaff with the mortgage was satisfied
on the 341 HELD already.
3) said that it is possibly an oversight for sure from the Trustee.
4) Trustee is not in today, therefore, she said to call her back on Tuesday
as right now she will send him an email to UPDATE and post the no distribution form to discharge and close this case.
5) She said there is a very rare and slight chance that he might have an issue he is looking at, but the timeframes are all past.
6) She said that the courts should not be holding the discharge notification
since there is no posted issues, from trustee, UST, and creditors since the filing of 09.02.

Now I will wait for the response from the lawyer but not tell him I went over his head to the trustee's office today. He just might call them too!! You would think that IF there was any issues my lawyer would know by now, and there would be forms showing on Pacer. There are no issues per the trustee's office looking at my case today over the phone.

Anyone want to make a flying guess as to the reasoning to the above?
The lady said that it happens sometimes to have a case just lag out there for no reason at all.

Have a good weekend, everyone.

[Michigan1951]

Thanks, Mi Bankruptcy and Kansas1960 for your input. Glad to know this sounds fairly similar to other cases. I will continue to be patient.

[Mi Bankruptcy]

Well, talk about dragging on into the New Year. My lawyer didn't get back with me as to what the trustee's prospective on my case is. Lawyer said that he was waiting for the trustee's answer via email. That was on 12/18.

I know the courts in Michigan are bogged down for sure. I checked the Pacer reports on open/closed cases again today and the cases are 50/50 discharged out of about 35 cases per day all over Western District combined. So I guess I am definitely not alone here. I have called the clerk'f office twice in the past 4 months and they said my trustee has to show the 341 as held before they can update. I called the automated ph. number to the courts and it said my 341 was HELD on a particular date. Still no info. on Pacer.............

Just wanted to update on my case in the event that someone here is interested as to how discharges are moving or not in the Western District of Michigan.

The forum has been a good friend to me, and I respect all the experience and knowledge. I can't help others much like that but only offer my own experiences in a bk 7.

There were no issues from the trustee, US Trustee, or the creditors from filing to the 60th day. I am learning patience but feel quite a loner right now at the forum. If any Michigan filers know anything about what else might be holding up our discharges I am all ears. Thanks everyone!!

I know this doesn't do anything for you. However, I just have to say patience my friend.. Remember, I filed in the Western District. NOV 08, 341 Jan 09 and case did not close until end of March 09. My whole thing was about 5 months. I didn't have to deal with the UST or have a continued 341. I assume because of the added issues here that is why it is taking a little longer. Again, mine was a married couple filing CH7 and we were under the means.

BTW.. You will get your chance to contribute after your case closes. You will get the chance to tell someone else to be patient.

[Kansas1960]

My attorney said discharges take place here 60 to 90 days AFTER the last day for objections. This puts it 5 to 6 months after filing for a discharge.