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Concluded has what meaning?

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    Concluded has what meaning?

    Had my 341 hearing and since I was nervous, I stumbled over a couple of questions. The Trustee did not like that I sold my 92 honda to my girlfriend for under value but the car has many problems and was under valued by about $500. He also raised an eyebrow on the valuation $98,000 of my and my girl friends home we purchased about 6 months ago for all cash. We sold a home and this was our equity from that home. I could not get a loan and my girlfriend is disabled and had to roll her share into a home within 3 months or it is counted against her. It was either live in an apartment and pay credit cards or buy a repo home and have a roof over our heads . I went the self preservation route. I am on SS and can not find a decent paying job anyhow.
    My question is my attorney was sitting next to the trustee and said he marked my file with a "C" which he said means concluded. He it went well and and just wait 60 days for discharge. Is he blowing smoke or is the "C" my blessing? Did you know that a trustee sees about 40 people a day? That guy really earns his money, 40 files a day. Try keeping all that info straight.

    #2
    Concluded just means that the 341 Meeting was not "continued" to another date. Yes, you do just wait out the 60 days, but that doesn't mean that the United States Trustee (UST) may not review your case and file a statement of the presumption of abuse in the 10 days filing.

    Remember, the panel Trustee doesn't make real money unless and until he finds assets to administer for the Estate. That's why he tries to do as many as possible! Much of it is just a quick review and a "C" (concluded) and a prompt filing of a Report of No Distribution.

    While they make only $60 on a no asset case, that "Meeting" is not all the work the panel Trustee has done to prepare for the Meeting. S/he has a staff and an office and must review your materials and do some asset research and insure that there's nothing to administer. For $60, that's less than 15 minutes of time for the average attorney hourly rate of $250.00 in bankruptcies. So, is the panel Trustee really making money? Not unless they find assets to administer.
    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


      #3
      That is Scary

      JustBroke, that is scary stuff, it is going to be hard to sleep tonight and for the next 56 nights. Hope the trustee sees that I am really broke and living on the edge of poverty at $562 a month in SS. I would appeal if he tries to take my share of our house (49,000). And it is homesteaded; in Ca it is 50,000 exempt.

      Comment


        #4
        You have nothing to worry about. If you were below median income... absolutely nothing is going to happen. I'm sorry I raised your concern, but was just trying to spell out the process. The United States Trustee (UST) pretty much doesn't care about under-the-median income cases.

        Your next 60 days should be smooth sailing... especially if your Attorney told you so. For 95% of cases, the 60 days are just fine. Since you're on SSI, you shouldn't worry a bit. The 60 days are just a formality.

        Also, I hope the asset thing didn't scare you. You're in California which has very very generous exemptions and I'm sure that your attorney exempted all your assets, so no one is coming to get your belongings either.
        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

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