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    Another headache.......

    I was feeling pretty comfortable this past almost 2 weeks with the UST report that a motion to dismiss was inappropriate..but I have been checking Pacer a couple times/day now anyway. I just saw this posted (of course it wasn't posted earlier during the day when I could call the lawyer and ask about it)

    Auditor's Report Report of Audit (Unable to Complete). Pursuant to 28.U.S.C. 586(f)(1), the United States Trustee contracted for an audit to be performed of this case. The audit was not completed because the debtor did not respond to the auditors requests for information. Filed by *****

    But I saw my status still awaiting discharge and the flag is MeansNo (prior to this new report it was Meansno, Audit-noClose or something close to that.

    Not sure what this Audit unable to complete means. Anything we received we DID respond to.

    Any ideas what's up with this? Now I am back to feeling uneasy.

    Thanks in advance

    #2
    bumping this up .....I was hoping I'd wake up to some replies....

    checked again and still have the MEANSNO flag only - which I am sure is a good one - but I just am confused about the odd audit message above that came with the disappearance of the Audit no close flag. Am I being paranoid or just neurotic? lol I didn't know about any audit other than a 707b review we completed a couple months ago. Just worried about what's coming around the bend.

    thoughts?

    Comment


      #3
      Originally posted by drowningNIL View Post
      bumping this up .....I was hoping I'd wake up to some replies....

      checked again and still have the MEANSNO flag only - which I am sure is a good one - but I just am confused about the odd audit message above that came with the disappearance of the Audit no close flag. Am I being paranoid or just neurotic? lol I didn't know about any audit other than a 707b review we completed a couple months ago. Just worried about what's coming around the bend.

      thoughts?

      Pursuant to 28.U.S.C. 586(f)(1)...from what i understand it's an "Audit Notification Letter" ...and from what your saying, it appears the court is stating you never responded????

      are you doing this pro se???? IF NOT....your atty needs to CALL the trustee's office today and find out the status for you...no sense you going nuts and they should be doing their jobs and really know about any notice prior to it even hitting pacer...(if you have an atty).
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


        #4
        Thanks, Tobee...yeah we have an attorney. We just touched bases with him a couple days ago and he said we were all good...all that is left is just waiting out the time. (about 4 more weeks now)

        The situation is probably confusing because it all seems so half a@@ backwards ....until yesterday when that message showed up about the audit our flags on pacer were NOMEANS, AUDIT-NO CLOSE ....and I thought the "audit" just meant the 707b review they did on us quite a while back. ???? I thought they called that an audit in some of their wording. I'll have to dig it out and check. And we did respond to that.

        Suddenly last night this message about debtor not responding to the audit popped up on the docket and I noticed the "Audit No Close" part of the flags on our summary was gone. (which I think is good as having the Audit there means an audit event exists from what I read) So on the one hand I am thiking it's a good thing that audit flag is gone...but the message on the docket sounds like we screwed up and I am worried about how that will effect us now. Still says "awaiting discharge" too.

        Hope we can get ahold of the attney today. Sometimes it takes a few days. I am so uneasy now though.

        Comment


          #5
          Originally posted by drowningNIL View Post
          Thanks, Tobee...yeah we have an attorney. We just touched bases with him a couple days ago and he said we were all good...all that is left is just waiting out the time. (about 4 more weeks now)

          The situation is probably confusing because it all seems so half a@@ backwards ....until yesterday when that message showed up about the audit our flags on pacer were NOMEANS, AUDIT-NO CLOSE ....and I thought the "audit" just meant the 707b review they did on us quite a while back. ???? I thought they called that an audit in some of their wording. I'll have to dig it out and check. And we did respond to that.

          Suddenly last night this message about debtor not responding to the audit popped up on the docket and I noticed the "Audit No Close" part of the flags on our summary was gone. (which I think is good as having the Audit there means an audit event exists from what I read) So on the one hand I am thiking it's a good thing that audit flag is gone...but the message on the docket sounds like we screwed up and I am worried about how that will effect us now. Still says "awaiting discharge" too.

          Hope we can get ahold of the attney today. Sometimes it takes a few days. I am so uneasy now though.
          hopefully it can be simply explained...and those that use pacer may be better to intrupt it's meaning...i can only help with the understanding it was in reference to an audit letter...

          don't be uneasy....there is nothing that can't be taken care of...nothing. it could even be a computer error with pacer. so wait and try to get a hold of your atty....changes are, and usually it's the case...but IF something were wrong, your atty, most likely is USUALLY contacted by the trustee's office first...so hopefully this is all ok...

          don't worry...
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #6
            Hi Drowning,

            Saw your post last night. I wish I could've added something/anything to it but I've got no experience or even research that can help. But my heart went out to you when I read the post because waiting for insight on something like this would be torturous. Aside from offering a heartfelt "hang in there, the answers will come," my only suggestion would be to stay away from pacer after-hours. And I only say it because I know how rough it can be to chew on a big anxiety-filled-what-if in the middle of the night. My fingers are crossed - hope you hear some good news today.
            OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

            Comment


              #7
              Thanks for the support, Tobee and thanks so much Peeps for the kind words. You are so right. I wanted to kick myself - WHY did I check Pacer late at night?! LOL OMG what a stupid move. Pacer does get to be like a train wreck where I don't want to see it but I can't stop looking. Lesson learned though. I feel like garbage this morning - definitely did not sleep well.

              I know this whole experience gets to be torturous for everybody. The waiting and worrying is torturous. Lawyer won't be in til this afternoon.

              Comment


                #8
                Originally posted by drowningNIL View Post
                Thanks for the support, Tobee and thanks so much Peeps for the kind words. You are so right. I wanted to kick myself - WHY did I check Pacer late at night?! LOL OMG what a stupid move. Pacer does get to be like a train wreck where I don't want to see it but I can't stop looking. Lesson learned though. I feel like garbage this morning - definitely did not sleep well.

                I know this whole experience gets to be torturous for everybody. The waiting and worrying is torturous. Lawyer won't be in til this afternoon.
                a bankruptcy is an emotional roller coaster with such highs and lows...and such tears and fears...really...i never used pacer because i knew for ME, couldn't handle what i considered as added stress...i'm OCD enough!!

                i'm certain when your atty comes in this afternoon, everything will be clarified...and it will all be just fine..
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  Hi all,

                  Pursuant to 28.U.S.C. 586(f)(1) means the trustee is going to contract w/ and outside accounting firm, CPA, lawyer, to audit the case.

                  These are triggered by being 'outside the statistical norms' or is a random audit, the UST is supposed to randomly audit 1 in 200 cases.

                  If the notice disappeared, hopefully the audit disappeared too!!

                  Tom in Colo
                  Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                  Comment


                    #10
                    Originally posted by tcreegan View Post
                    Hi all,

                    Pursuant to 28.U.S.C. 586(f)(1) means the trustee is going to contract w/ and outside accounting firm, CPA, lawyer, to audit the case.

                    These are triggered by being 'outside the statistical norms' or is a random audit, the UST is supposed to randomly audit 1 in 200 cases.

                    If the notice disappeared, hopefully the audit disappeared too!!

                    Tom in Colo
                    oh tom?? interesting...so that means someone from the outside will be doing the audit... yes, i have heard a few that that has happened to.

                    i just hope it's a "random" audit like you have suggested and hopefully will disappear as quickly as it showed up.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      My husband talked to the attny. He says no worries. Said the trustee office may be missing a document or something & he'll call and get it taken care of and we'll see that updated online. My husband said he got the feeling the attorney was wishing we weren't allowed to see Pacer since things like this happen behind the scenes and cause us to panic obviously. Maybe Tobee is right & I need to stop checking it - but I can't LOL but I will do like Peeps said and only during business hours. I'll try anyway

                      Fingers crossed it is just what he said a mistake or missing document. We were never notified of any audit and neither was the attorney. And as I said - the audit flag is gone now that they wrote that statement. Kind of odd. The uST already said we are OK...we have no asset and meansno.

                      Thanks all

                      Comment


                        #12
                        Glad you posted an update... was kinda curious how things turned out.

                        Now, on that PACER checkin' - another alternative would be a nice supply of xanax. You could check PACER all day and all night and have nothing but happy thoughts the whole time. Not sure I'd recommend it, but it's an option! BK Attorneys should be able to write prescriptions for that stuff. Heck, they should hand it out like candy at 341s come to think of it. (it's a joke... don't send me hate mail!)
                        OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

                        Comment


                          #13
                          Originally posted by Peeps View Post
                          Glad you posted an update... was kinda curious how things turned out.

                          Now, on that PACER checkin' - another alternative would be a nice supply of xanax. You could check PACER all day and all night and have nothing but happy thoughts the whole time. Not sure I'd recommend it, but it's an option! BK Attorneys should be able to write prescriptions for that stuff. Heck, they should hand it out like candy at 341s come to think of it. (it's a joke... don't send me hate mail!)
                          Hey...I love that idea! Sign me up. BK & Xanax...the perfect combo.

                          I am having to hold myself back from logging into that darn Pacer. :-/

                          Comment


                            #14
                            Haha and drinking wine and checking Pacer should not be allowed either! I know I got myself in a panic one night reading into my Pacer, wrong.. After a glass or two of wine Its hard not to want to check... And Xanax should come with every BK Case!

                            Comment


                              #15
                              i have to chuckle .....i formulated PA a while back for ALL those that can't keep those fingers from typing away....


                              PACER Anonymous promotes the use of DUCK TAPING your fingers together .....hiding the key board....drinking enough GREY GOOSE and or BEER so you can't see your screen....and if all else fails...removal of your hard drive!

                              since on this board, i have seen people's panic buttons alarms go off regularly to the point it has driven them NUTS!! LOL!!!!!!

                              we did it the "old" fashion way....filed...was notified by our atty's office of the 341, went and just waited for the mail to come...which was day number 62 AFTER our 341. then envelope contained two pieces of paper...

                              1. the discharge
                              2. the order of no asset distribution and the trustee tossing the case out the door...aka...CLOSED

                              copied both documents into the scanner, so i can pull them up at a touch of the finger when i need a boast for the day...and the papers are filed under...P....for PAST LIFE!!!
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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