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

[frogger]

What to do? Have patience.......

[biotechsolution]

the UST can wait until day 60 to file and objection, it just depends on what he is objecting to. 707(b) they should file something within 10 days. but 'totality of the circumstances' they can wait until day 60 and it's basically the same objection.

[tcreegan]

...but obviously the trustee report has to come after the 60 day objection deadline

[tcreegan]

Hi Gman,

The 10 days is for the US Trustee to raise a 'presumption of abuse' ie: you didn't pass the means test

If they raise the presumption of abuse, they have 30 days to file a motion to dismiss or convert

The BK trustee has 60 days to object to an exemption.

from....Title 11 section 704(b) Duties of the Trustee

I don't think there is a deadline for the BK trustee to file a report.....anyone know for sure?

Tom in Colo

[BKlooker]

Sunshine, you wouldn't be speaking with the trustee personally, likely one of the trustee's minions. You would just ask the Trustee's clerk what the status is. That's it. It's not going to prompt them to open a federal investigation of your personal finances over the last decade just for checking on your cases' status. They can at least then give you a general guage....something like "yes, you have be given a no distribution, we are just backed up on the computer system", or " we are short a person who does the clerical work, so things are a bit backed up, you should know in the next X days".

As said once before, if EVERYONE ELSE who had the same day as yours is like that, logic and reason would stand that there is just a slow down of the court's system. Don't worry...just give a friendly call, it will help ease your mind.

[SunshineGal]

Just my opinion, but I don't think I would call the trustee. The last thing you want to do is give them a reason to look at your file more than they have to. Besides, I think the 10days is for presumption of abuse but they actually have a full 60 days to object to other things. Hang in there!

SG

[gman]

I had my 341 back on 11-10.

As of this morning - the Trustee decision has still no posted on PACER. This is true not only for my case - but seems to be for all who had their 341 the same day as me.

There is a filing showing the meeting was held - and even that was not entered into PACER until 11-18.

I have not received any mail not any phone calls either from the Trustee.

IS THERE ANY "RULE" THAT THEY HAVE TEN DAYS TO FILE FOR A CLAIM OF ABUSE OR OTHER MOTION TO HOLD UP MY DISCHARGE?

AFTER 10 DAYS IF THEY "DO NOTHING" DO THEY AUTOMATICALLY RELEASE THEMSELVES FROM MY CASE?

I WANT TO CALL THEIR OFFICE TODAY - BUT WOULD LIKE TO BE INFORMED PRIOR TO MY CALL.

All information is greatly appreciated.

Thanks!