What to do when a Trustee does not respond/file - 10 days after 341 and not a peep...

[mommi2many]

That's great news! You're definitely in the 60 day club now. Woohoo!

[researchnerd]

Congrats gman! Sometimes no news really is good news.

[gman]

g!!!!!!! i'm so happy to hear this...we just got back from north carolina....so i didn't see your post until now!! i hope you had a wonderful and PEACEFUL holiday!!!

Thanks! We had a good holiday!

All is quiet still on my case and everyone else's in my district. Crazy but we still have no update on any of our cases, and no requests for more information.

[tobee43]

Checked PACER again this morning. No update.

So, I called the US Courthouse. Lady there was actually very helpful. She said the "Ten Day Report" is many times not filed - and when it is not - it is a good thing for the debtor. I know from reading the law that this means that the Trustee has accepted my Means Test and no longer has the right to argue to dismiss my case or convert it to a Chapter 13 due to the Means Test. That bullet is no longer in his chamber.

In my case, she looked (not in PACER - in the actual file) and said no Ten Day Report was filed.

My next "deadline" is Dec 10, the last day for the Trustee to object to my property exemptions. After that, Jan 9 for a discharge!

One bullet dodged - two more to go!

:yahoo

g!!!!!!! i'm so happy to hear this...we just got back from north carolina....so i didn't see your post until now!! i hope you had a wonderful and PEACEFUL holiday!!!

[BKlooker]

Amen...see I told ya it was just general laziness at the courthouse at work...Happy Turkey Day!

[SunshineGal]

Great! Now go relax and enjoy your Thanksgiving, the 60 days will be over before you know it!

[gman]

Checked PACER again this morning. No update.

So, I called the US Courthouse. Lady there was actually very helpful. She said the "Ten Day Report" is many times not filed - and when it is not - it is a good thing for the debtor. I know from reading the law that this means that the Trustee has accepted my Means Test and no longer has the right to argue to dismiss my case or convert it to a Chapter 13 due to the Means Test. That bullet is no longer in his chamber.

In my case, she looked (not in PACER - in the actual file) and said no Ten Day Report was filed.

My next "deadline" is Dec 10, the last day for the Trustee to object to my property exemptions. After that, Jan 9 for a discharge!

One bullet dodged - two more to go!

:yahoo

[gman]

gman the 10 day window is usually for conversion to chapter 13. You objection will most likely come from the UST which could come up to day 60 and they could always ask for an extension of time at day 60 also. When the objection comes later it will be a non 707(b) objection but it pretty much is same thing.

True, but from the research i did yesterday, if the Trustee does not object to the Means Test by the 10th day, they lose the Presumption of Abuse argument. (There is caselaw out there to support this.) This means they must go with a much tougher route to object - they must argue Totality of Circumstances which is a much higher bar to have a case dismissed - and they also cannot argue to have it converted to a Chapter 13 (because that is what part of the 10 day report is all about.)

I think my Trustee likely did his report by the 10th day - and PACER is not up to date due to the volume of cases. Time will tell.

[biotechsolution]

gman the 10 day window is usually for conversion to chapter 13. You objection will most likely come from the UST which could come up to day 60 and they could always ask for an extension of time at day 60 also. When the objection comes later it will be a non 707(b) objection but it pretty much is same thing.

[tobee43]

I think they are just swamped - pure and simple. If I was the only case not reported on, well maybe then I'd be sweating. But the entire docket my day has not heard a peep.

I read somewhere where my District is in the Top 10 in the nation for sheer number of filings. Middle Florida has got to be in the Top 5 I'd guess.

you most likely correct g....most likely many of the bk courts are fulled booked.

[gman]

it's beginning to sound like the middle district of florida up there in georgia!!

hope it gets better for all of you!

I think they are just swamped - pure and simple. If I was the only case not reported on, well maybe then I'd be sweating. But the entire docket my day has not heard a peep.

I read somewhere where my District is in the Top 10 in the nation for sheer number of filings. Middle Florida has got to be in the Top 5 I'd guess.

[tobee43]

it's beginning to sound like the middle district of florida up there in georgia!!

hope it gets better for all of you!

[gman]

My appearance attorney told me about the request for additional info on the day of our 341, so it would have been requested sometime before then. The request was emailed directly to my attorney from the UST; there was nothing filed with the court so it wasn't visible on PACER. It took me a week or so to get a copy of the actual request from my attorney, but I have no idea when he actually received it because he conveniently omitted the date when he forwarded the email to me.

That's interesting because since I am filing Pro Se, the request you mentioned would have come directly to me. Tomorrow will make 14 days without a peep from the Trustee's office on PACER, telephone, email, snail mail, etc...

I am taking silence as good news. I am also taking that 10 days came and went and there was no filing of any challenge to my Means Test.

All of this will become great news when I see the Report of No Distribution - and I will crack the bubbly when I am discharged (in 46 days - God willing!!!)

[researchnerd]

My appearance attorney told me about the request for additional info on the day of our 341, so it would have been requested sometime before then. The request was emailed directly to my attorney from the UST; there was nothing filed with the court so it wasn't visible on PACER. It took me a week or so to get a copy of the actual request from my attorney, but I have no idea when he actually received it because he conveniently omitted the date when he forwarded the email to me.

[gman]

gman, you're right about the Presumed Abuse. I think it was automatic because we were well over median, although we had ~$300 negative DMI if I recall correctly. As someone here told me, if we hadn't been flagged for presumed abuse, the UST wouldn't have been doing his job.

The UST did indeed request additional info -- our most recent tax return (which they already had), 3-4 months of pay statements and bank statements, documentation of expenses (I just used the bank statements), and a short letter explaining the circumstances which caused us to convert from Ch13 to Ch7. I think they just wanted to be sure that we weren't hiding any income or exaggerating expenses.

I was over the median (by less than $10k) and was also minus $100 or so on the Means Test DMI and (more importantly) have only collected unemployment since July and am -$4,000 or so on Schedule J.

Exactly WHEN did they ask you for the additional documentation in relation to your timeline?

Personally, I brought my 2009 tax return to the 341 and that's all so far, but I am loaded with receipts and spreadsheets if needed.