day 58 and no report of no distribuetion

[jsparkles]

Filed, I am not planning on waiting until April 15th. I plan on getting my taxes done over the weekend and then calling my attorney and asking what to do on Monday. I have no idea what the Trustee should or shouldn't do...I've never done this before. I agree, it's frustrating waiting and wondering what the Trustee is planning. But sometimes, there is no other choice. Good luck to you. I hope things go quickly and smoothly.

[filed]

jsparkels, do you have an attorney, and shouldn't the trustee tell you (or your attorney) what you are supposed to do? Do you think they will just wait for months saying nothing and telling you nothing about what they want done? Seems to me if they want to see your tax return they should tell you so. If they told me they wanted to see mine, I would get it done and hand it to them immediately, why wait 2 months for April 15th to come around?

jsparkles, I hope my reply did not sound snarky towards you. I did not mean to imply you should get your tax return completed, I was just saying in my case, if the trustee wants to see the tax return, I would mine now happily and give to them rather than wait til April 15th. I am just frustrated because the Trustee has not said anything about anything, will not say "no asset" in which case I know I am days away, or "asset" in which case I know I have many months yet to go, all for what can't be more than $300 bucks or so. Thanks for sharing your info, it helps to know others are in the same boat, so to speak. I wish you a speedy resolution.

[filed]

Filed, I was also just discharged without having yet received a Report of No distribution or Preliminary report of Distribution. After my 341, the only thing it said was "341 meeting held." I think it is because the Trustee wants our tax refund. I don't know for sure, I'm just guessing. When we were at our 341 meeting, the Trustee said to the entire room to expect to give up our tax refund. All of our other assets are exempt, our refund is the only thing the trustee would be able to take. So I just need to find out what to do with our tax documents and refund when we get it.

jsparkels, do you have an attorney, and shouldn't the trustee tell you (or your attorney) what you are supposed to do? Do you think they will just wait for months saying nothing and telling you nothing about what they want done? Seems to me if they want to see your tax return they should tell you so. If they told me they wanted to see mine, I would get it done and hand it to them immediately, why wait 2 months for April 15th to come around?

[jsparkles]

Filed, I was also just discharged without having yet received a Report of No distribution or Preliminary report of Distribution. After my 341, the only thing it said was "341 meeting held." I think it is because the Trustee wants our tax refund. I don't know for sure, I'm just guessing. When we were at our 341 meeting, the Trustee said to the entire room to expect to give up our tax refund. All of our other assets are exempt, our refund is the only thing the trustee would be able to take. So I just need to find out what to do with our tax documents and refund when we get it.

[justbroke]

Justbroke, You stated that the actual discharge order is issued by the judge, but only AFTER the Trustee issues a Report of No distribution or Preliminary report of Distribution. If that is the case, can you help me figure out where I stand because yesterday the "signed by the judge" discharge appeared on PACER, yet there has never been a report of no distribution or Preliminary report of Distribution filed by the Trustee according to PACER?

Stranger things happen. In many districts, the discharge is "automatic" meaning that PACER (CM/ECF) will issue the discharge electronically without any intervention -- so long as there are no "flags" that would prevent it from discharging.

I have seen some strange things; this wouldn't be the strangest.

[filed]

The "actual" discharge order is issued by the judge, but not until the Trustee issues a Report of No Distribution or a Preliminary Report of Distribution. The court's order can't be issued until the Trustee has determined just "what" is going to be discharged.

Justbroke, You stated that the actual discharge order is issued by the judge, but only AFTER the Trustee issues a Report of No distribution or Preliminary report of Distribution. If that is the case, can you help me figure out where I stand because yesterday the "signed by the judge" discharge appeared on PACER, yet there has never been a report of no distribution or Preliminary report of Distribution filed by the Trustee according to PACER?

[garyp15]

well, i haven't written since I received my discharge on 9/28/10 because there haven't been any changes...ie..no interim report and no report of no distribution. I have been checking PACER every Friday evening waiting for something to happen to move towards a closing. So, I just checked PACER and it said that an interim report was filed today. Unfortunately, the document isn't viewable on PACER. It does say it will be provided to a party of interest upon request. I guess I'll have the attorney request a copy on Monday.
Seems like this has been going on forever.
Anyone, know what the interim report could contain since it took so long to be filed?

[garyp15]

Just to put an end to my weird filing, I find it crazy that there was never a report of no distribution, no interim report, no trustee statement dismissing themselves from the case. Just day 61 rolls around and BOOOM....a discharge. I am definitely not complaining. I just thought it was a strange series of events...or non events.

[garyp15]

Thanks everyone. I still find it hard to believe it happened after all the difficulty. This forum has been my main harbor of sanity and support....especially justbroke. To those of you still mired in the madness,,,,,hang tough!

[researchnerd]

Hooray and congrats on your discharge! I am halfway through my 60 days, over median, and keeping all fingers and toes crossed. It truly is a rollercoaster.

[tyson24]

Congrats Gary!! So happy for you!!! ;)

[cowgirlup289]

Actually, it is a NO ASSET case. The trailer he listed is exempt as a "tool of trade" for the business, if he continued on some day, but isn't. Still, it is a no asset case. The house is exempt, but the lawyer thinks he may be waiting to see if he (we) sell it somewhere down the road...as we had/have it listed for sale. But, we're in no hurry! Don't have the money to move forward, obviously. HAVE A GREAT VACATION -

[screentest]

Congratulations Garyp15!

I have been reading your posts and hoping for you all day. I am also in a nail-bighter for 21 more days waiting for the UST to take action or not so I know how you felt today. Time to celebrate!!!

ST

[justbroke]

J I'm trying to find relative case law regarding cases such as this, but what is your opinion if you don't mind me asking and Garyp15 - CONGRATS!!!!!

There really isn't in. The case is in an "administrative" phase and that's up to the Trustee to prosecute any avoidable/fraudulent transfers or to recover property. The discharge was issued. The only thing you can do is wait. The administration of the case can take 1 year, easily and could go to 2 years! Most attorneys don't "sign up" to be on a Chapter 7 case for a year or two, so expect some pushback or request for additional retainer and payment of fees.

An asset case doesn't close quickly, so you'll have to be patient.

[justbroke]

Justbroke......I AM DISCHARGED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!

I am so happy for you! That's why I asked you to just check PACER because the discharge should be there. No sense in my pontificating about the elaborate discharge mechanisms, if you already had one. But hey, we all got to learn something today!

I want you to know how much your help has meant to me through this. You know how emotionally draining this process can be. Your ability to get me info that and support when I needed has meant the world to me.

Again, congratulations. I think your attorney is being very... conservative. Yes, the UST could come back, but at this point, I think you have more arrows in your quiver than they do. They were too lazy to just file a motion to extend the deadline... that's their fault!