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

[biotechsolution]

the panel trustee is usually only looking for assets, the UST isn't looking for assets, he's looking for income to force the debtor into chapter 13 or deny.

[gman]

I called the number on the back of the form that was sent to me by the court. As I suspected, it was basically a recording of what was on Pacer ;).

I'll just try to be patient and wait it out. My lawyer told me that my case was about a "3" on a 1-10 scale of difficulty. Also, the TT didn't really grill me too much and, during the meeting, handed my 2009 tax forms back to me. Would he do that if he was *that* interested in my case?

Just my experience - but from what I have seen in 341s (and I literally sat in on over 35 of them BEFORE going to my own - I did this because I was filing Pro Se) - Trustees seem to be primarily interested in people's ASSETS - not in their income and expenses. Why? Who knows...but I sense they are so overwhelmed with cases they simply rubber stamp Means Tests unless something is really out of whack. I never was asked for bank statements and/or proof of expenses (though I had them ready if they asked.) He also just looked at my tax return and gave it right back - and I made over 6 figures in 2009.

A side note: he asked if our home was in good condition. I thought this was interesting since we are surrendering our home and are going to let it foreclose. Why would the TT be interested in the condition of the home?

His question might be related to what I observed time and again - the Trustee wanted to know what value there was in assets for every person they spoke with. I sense they get a "bonus" in Chapter 7 cases for recovering assets for debtors.

As they say in politics - FOLLOW THE MONEY. The MONEY is obviously in ASSETS - not in APPROVING/DENYING Chapter 7 Means Tests.

Just my 2 cents...take it for what it is worth.

[nervous1]

Next step = call the clerk at your BK courthouse

I called the number on the back of the form that was sent to me by the court. As I suspected, it was basically a recording of what was on Pacer ;).

I'll just try to be patient and wait it out. My lawyer told me that my case was about a "3" on a 1-10 scale of difficulty. Also, the TT didn't really grill me too much and, during the meeting, handed my 2009 tax forms back to me. Would he do that if he was *that* interested in my case?

A side note: he asked if our home was in good condition. I thought this was interesting since we are surrendering our home and are going to let it foreclose. Why would the TT be interested in the condition of the home?

[gman]

I tried this - said "No schedules found."

Weird - just hoping I've got one of the Trustees who is slow to update ;).

I

Next step = call the clerk at your BK courthouse

[nervous1]

There is a way to do this! Note that PACER can be free if you spend less than $10.00. Charges are 8 cents a "page."

YOU SIMPLY NEED TO FIND THE NAMES OF THE OTHER PEOPLE WHO WERE IN THE SAME SESSION AS YOU WERE AS THEY WILL HAVE THE SAME TRUSTEE.

So - how do you do that?

I am in Georgia - and this is where I found that information:

1. Log into PACER
2. Choose my local district.
3. On my local district page - there was an option to run a REPORT.
4. I chose the REPORT showing the DAILY CALENDAR.
5. I chose the DATE of my 341 HEARING.
6. I chose the TYPE and set it to HEARING.
7. I chose the LOCATION (being the room where they had the 341s).
8. I ran the report - and it showed me the names and case numbers for everyone who had a 341 that day.

PRINT THESE OUT SO YOU CAN THEN USE THEM TO LOOK UP CASES.

If you get "stuck" - simply call your bankruptcy courthouse and ask a clerk for advice. I have found them to be very helpful.

I tried this - said "No schedules found."

Weird - just hoping I've got one of the Trustees who is slow to update ;).

I

[gman]

gman,
That definitely does shed some light on your situation and I see now that is your best option at this point. We plan to ride and pay as long as they let us, which the lender said that we could do. We have really no equity in our vehicles and although we got reaffim offers, our attorney advised against it, so as long as they let us "pay and ride" that is what we will do. I must mention though, our reaffirm offer is very nice, saving a few hundred dollars a month and a much lower interest rate.

Sounds like your offer is what you needed - which is great.

I have yet to receive an "offer" - but am not worried.

I failed to mention that people should not worry if their lawyer REFUSES to sign a reaffirmation agreement. This happens all of the time. They are simply covering their a$$e$. Ultimately - the judge and creditor decide if it gets approved or not.

I am filing Pro Se - so the lack of signature by a lawyer is not an issue. If I had a lawyer, I would have fully expected that he/she would NOT have signed mine due to my unemployment.

[gman]

What would be the best way to check on Pacer, the status of other debtors that had their 341 the same day as me in my district? When I go on Pacer, I only look up my case, but now I'm curious if other debtors had any activity on their case after the 341 meeting yesterday. I don't want to get charged just for trying to figure this out!!

There is a way to do this! Note that PACER can be free if you spend less than $10.00. Charges are 8 cents a "page."

YOU SIMPLY NEED TO FIND THE NAMES OF THE OTHER PEOPLE WHO WERE IN THE SAME SESSION AS YOU WERE AS THEY WILL HAVE THE SAME TRUSTEE.

So - how do you do that?

I am in Georgia - and this is where I found that information:

1. Log into PACER
2. Choose my local district.
3. On my local district page - there was an option to run a REPORT.
4. I chose the REPORT showing the DAILY CALENDAR.
5. I chose the DATE of my 341 HEARING.
6. I chose the TYPE and set it to HEARING.
7. I chose the LOCATION (being the room where they had the 341s).
8. I ran the report - and it showed me the names and case numbers for everyone who had a 341 that day.

PRINT THESE OUT SO YOU CAN THEN USE THEM TO LOOK UP CASES.

If you get "stuck" - simply call your bankruptcy courthouse and ask a clerk for advice. I have found them to be very helpful.

[csonly]

gman,
That definitely does shed some light on your situation and I see now that is your best option at this point. We plan to ride and pay as long as they let us, which the lender said that we could do. We have really no equity in our vehicles and although we got reaffim offers, our attorney advised against it, so as long as they let us "pay and ride" that is what we will do. I must mention though, our reaffirm offer is very nice, saving a few hundred dollars a month and a much lower interest rate.

[gman]

gman,

I'm certainly a newbie here and really know nothing, but very confused why you would reaffirm a vehicle, especially if you are unemployed. That puts you back on the hook for the car. Like I said, I'm no expert and I'm not in your shoes, but why not just make the payments (if you can) to keep the car and surrender it later if you can't make the payments. I wish you all the best!

I did a lot of research on this, and here is the reason why I made the legal motion to reaffirm:

1. There is no legal motion to do a ride and pay - I only had the options to (a) reaffirm, (b) surrender or (c) pay in full.

2. Since I want to keep the car - I did not want option (b).

3. Since I am broke - I cannot do option (c).

4. This left me with filing to reaffirm. I fully expect either the creditor or the judge to DENY my motion since I am still unemployed. Note that if I get a job tomorrow, my reaffirmation would likely be approved.

5. Assuming I am denied at my hearing - the creditor will have to decide what they want to do. Since I have not been late on my payments, they are likely to let me do a ride and pay. (I have been counting on family to help.)

6. If they decide to repossess the car, they have already told me they would contact me and not do a middle of the night repo. This is why it is important to call them ahead of time to find out their "unofficial" policy.

7. My car has some equity. Because of this if they opt to contact me for a repo, I can either (a) sell it or (b) refinance it with a subprime lender (having a family member co-sign will help.) I have received a SLEW OF JUNK MAIL asking me to refinance my car while in Chapter 7. It must be a booming business!

So - in a nutshell - the court process forces you to file a legal motion of one of the 3 options above - and I simply chose the one that works best for me.

Hope this helps enlighten many in similar situations.

[gman]

I am also in Ga. Filed 11/30/10 and had my 341 meeting on 1/4/11. I thought I would breath a sigh of relief after the meeting, but I just can't (I'm a worrier and can imagine the worst case scenario). I check Pacer constantly. So far, latest update is 12/17/10 and I think that is probably the report that I finished the pre-discharge course.

I was on the 8:30 AM docket and was the 2nd one called. My attorney's office has an "on-site" attorney at the court house. Never had met her and she didn't show up until AFTER 8:30, so when the TT called my name, I told him my attorney wasn't there. Two seconds later, she appeared at the door. We sat down, he cked my DL and SS card, asked a few basic questions. My attorney told he everything went fine and that I shld just wait out the 60 days.

I still want to see the report of "No distribution." My page does say filed as "No assets," but that is the way my attorney filed, I'm guessing??

What I have noticed here in Georgia (and I'd guess it would be the same elsewhere) is that some Trustees file reports very quickly (and thus update PACER) while others (like mine) don't. I have followed some other cases that filed the same day as mine with the same Trustee - and they too have "no news" on PACER.

Until you see the actual report of "no distribution" as well as they final discharge - anything can happen. HOWEVER once certain post-341 deadlines are passed with no objections, it is very likely you are in very good shape.

Go here for more info:

http://www.bkforum.com/showthread.php?65006-Hope-this-helps-all-3-Deadlines-to-Sweat-Out-after-Your-341

[csonly]

gman,

I'm certainly a newbie here and really know nothing, but very confused why you would reaffirm a vehicle, especially if you are unemployed. That puts you back on the hook for the car. Like I said, I'm no expert and I'm not in your shoes, but why not just make the payments (if you can) to keep the car and surrender it later if you can't make the payments. I wish you all the best!

[csonly]

Dear Nervous1,

My name should be nervous2 because I feel the same as you. I also worry about everything and just want this to be over. I felt great the day we filed, like a burden was lifted, but after learning more and more about the process as we go along, the weights seem to be pile up again. Best of luck to you and everyone else on this forum. I've learned so much here and appreciate everyone!

[nervous1]

I am also in Ga. Filed 11/30/10 and had my 341 meeting on 1/4/11. I thought I would breath a sigh of relief after the meeting, but I just can't (I'm a worrier and can imagine the worst case scenario). I check Pacer constantly. So far, latest update is 12/17/10 and I think that is probably the report that I finished the pre-discharge course.

I was on the 8:30 AM docket and was the 2nd one called. My attorney's office has an "on-site" attorney at the court house. Never had met her and she didn't show up until AFTER 8:30, so when the TT called my name, I told him my attorney wasn't there. Two seconds later, she appeared at the door. We sat down, he cked my DL and SS card, asked a few basic questions. My attorney told he everything went fine and that I shld just wait out the 60 days.

I still want to see the report of "No distribution." My page does say filed as "No assets," but that is the way my attorney filed, I'm guessing??

[csonly]

What would be the best way to check on Pacer, the status of other debtors that had their 341 the same day as me in my district? When I go on Pacer, I only look up my case, but now I'm curious if other debtors had any activity on their case after the 341 meeting yesterday. I don't want to get charged just for trying to figure this out!!

[gman]

Well - this Sunday (Jan 9) marks the 60 day point from my 341 hearing (Nov 10)

PACER reveals:

1. Status shows: "There are no pending status records for this case."
2. No mention of a "Chapter 7 Trustee's Report of No Distribution - No Funds"
3. No mention of a "Order that this case is not subject to dismissal under 521(i)(1)"

In addition - I never heard from the Trustee.

The only update I have is my reaffirmation hearing (on my auto loan) has been set for later in January. That should be interesting as I am still unemployed. I did complete the request for reaffirmation given to me by my Credit Union - but they never contacted me after I completed it last month.

ANY WORDS OF ADVICE FROM ANYONE, ESPECIALLY ON THE REAFFIRMATION HEARING?