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Hope this helps all ----- 3 Deadlines to Sweat Out after Your 341

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  • BKHELP138
    replied
    Today made 13 or 14 days if you count the day of the 341. Now I have 16 days to wait on assets then 30 days from there .... I can see how the time goes quick. Thanks for all the advice. Im a no asset under median case I would think all is good =)

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  • gman
    replied
    Originally posted by BKHELP138 View Post
    Does anyone know if after the 10 days if the US trustee files are report or is nothing filed till your discharge or if there is a problem ????
    In my case - the Trustee did not file anything in PACER. They are not required to do so.

    The good news is that once the 10 days are up - if nothing is filed - they cannot come back later and ding you for failing the Means Test. They can still come after you for "anything" between your 341 and the 60 day deadline - but the bar for them to file complaints just gets higher and higher as the process continues (in your favor.)

    It sounds like you are past hurdle #1. Best of luck with the remaining two deadlines.

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  • BKHELP138
    replied
    Does anyone know if after the 10 days if the US trustee files are report or is nothing filed till your discharge or if there is a problem ????

    Leave a comment:


  • BKHELP138
    replied
    Once the 10 days are up will you see anything posted on PACER from the UST ?


    I hope this helps everyone. I found this because I have been awaiting my first hurdle - the 10 day deadline - and nothing positive or negative was posted in PACER - and it will be 14 days tomorrow. I am going to call the court tomorrow (and not the Trustee) and see what was filed, if anything.

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  • BKHELP138
    replied
    I love this forum.. now only if you can help me get a job =)

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  • nelkre
    replied
    Meansno is a flag that indicates no presumption of abuse. It's a good thing. BKHELP138 provides the rest which is accurate.

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  • gman
    replied
    Originally posted by BKHELP138 View Post
    I am wondering the same. 341 smooth and report of no distribution by trustee... Meansno on pacer along with the report of no dist.
    Once the Trustee reports "no distribution" - this means that the Trustee has determined you have no assets that can be sold to pay off creditors (as the only ones you own have been protected by your exemptions.)

    Don't know what you mean by "Meansno" in your post above.

    Until the 60 days are "up" you are always at risk of having an objection from either the Trustee or a Creditor. With that being said - it is highly unlikely you will have a problem.

    Good luck!

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  • BKHELP138
    replied
    Originally posted by msm859 View Post
    So exactly how often does someone have an issue after the 341? Specifically if the 341 goes smoothly and the Trustee does not ask anything do people really need to "sweat out" the next 60 days?
    I am wondering the same. 341 smooth and report of no distribution by trustee... Meansno on pacer along with the report of no dist.

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  • gman
    replied
    Originally posted by nelkre View Post
    There is no guarantee of the 60 or 90 day rule in receiving your discharge. There are many factors involved. Mine took 98 days merely because the courts were backed up and nothing else. The odds of a dismissal are extremely rare. About 99 percent of chapter 7 cases are discharged. If you do the paperwork correctly and everything else is in order, it's just a matter of time. And a good attorney is like gold. Mine only had four dismissals in 20 years but that was because his clients didn't follow his instructions or the courts. One didn't complete a class in time.
    Just to clarify....the first post on here was from me...and the days that are posted are DEADLINES related to the process.

    These deadlines - and the dates that one receives a discharge - are obviously NOT one in the same. They are deadlines for TRUSTEES and / or CREDITORS to make a filing in a specific BK case.

    Hope this helps clarify!

    Leave a comment:


  • nelkre
    replied
    There is no guarantee of the 60 or 90 day rule in receiving your discharge. There are many factors involved. Mine took 98 days merely because the courts were backed up and nothing else. The odds of a dismissal are extremely rare. About 99 percent of chapter 7 cases are discharged. If you do the paperwork correctly and everything else is in order, it's just a matter of time. And a good attorney is like gold. Mine only had four dismissals in 20 years but that was because his clients didn't follow his instructions or the courts. One didn't complete a class in time.

    Leave a comment:


  • mommi2many
    replied
    Thanks for sharing your research with us gman. Your help is always appreciated.

    Leave a comment:


  • msm859
    replied
    So exactly how often does someone have an issue after the 341? Specifically if the 341 goes smoothly and the Trustee does not ask anything do people really need to "sweat out" the next 60 days?

    Leave a comment:


  • bkDude
    replied
    Good info... Thanks for posting

    BKDude in CO

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  • malibu
    replied
    Originally posted by helpme2010 View Post
    I like this thread. The one thing that doesn't happen necessarily is 60 days after the 341 you are discharged. I was expecting this, but it looks like it will be at least 90 days or more.
    I assume you are referring to discharge. In LA, discharge is considerably longer then 60 days, often up to 120 days or longer in some cases

    Leave a comment:


  • chicagoannie
    replied
    Originally posted by gman View Post
    Top tidbits on filing pro se.

    1. Attend some 341 hearings in your area if at all humanly possible. I spent a few hours and watched 35 cases run through. I also had conversations with some debtors there as well. This helped tremendously, not only to see what the process was like (as every TRUSTEE is different) but also gave me peace of mind because I came in prepared.

    2. Liquidate everything in your savings / checking and start using money orders to pay all bills. Why? Well, I made the mistake of having some funds in my count deposited AFTER I filed and my credit union froze them. Thankfully I got them to unfreeze them within 48 hours....but it was an unnecessary mess.

    3. Download a free copy of BEST CASE Chapter 7 bankruptcy software so you can run any scenarios you need to before your final filing. Note a free copy does not allow you to print out your paperwork....you will still need to fill this in on the side.

    4. Contact the clerk in your district to get any specific forms that your local court uses. They were very helpful.

    5. Read up on reaffirming home and car debts. Too lengthy to list the pros and cons here.

    6. Understand at day's end - Chapter 7 cases are not "money makers" for the Trustees, so you want to make sure you are not the nail that sticks out of the wood. If your case is simple and straightforward...you will fly through as there is literally no profit incentive for them to scrutinize your case.

    7. When in doubt - call a lawyer or two or three and pick their brain. I found that some knew the law...while some shockingly did not. Even better, the people in here live and breathe issues every day. This forum was simply a life saver for me.

    I could write a book....but these would be my main ones....

    Best of luck.
    Gman - Thanks so much for taking the time to post these tips. I am on track with most of them but never heard of the Best Case Ch 7 software so I will check that out. I really think my case is very simple and straightforward - absolutely no assets. I rushed to file, tho, due to impending utility shut off, so I am hoping any errors I may have made are easy for me to fix and the Trustee does not get annoyed.

    Leave a comment:

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