In an asset case do creditors proof of claims show up in pacer?

[jimisbroke]

Just curious. We are an asset case and nursing unrealistic fantasies that none of our creditors will file claims! Our 341 was the end of July and nothing is listed in Pacer re: unsecured claims as of yet...

[HHM]

They Should.

However, I don't recall if the trustee notice to creditors to file proof of claims shows up in PACER. I think it does, but don't want to say so because I am not 100% certain. So you want to check when the trustee sent his notice and the deadline for claims.

[justbroke]

If your case was an asset case to begin with, there will be no "new" notice. The original Notice of Bankruptcy will already include a date to file claims in the case. However, if you were a no-asset case and the Trustee discovers assets to administer, then the Trustee will send out the notice to the creditors to file a claim. I too don't know if this is served through the court (via PACER), or just a letter sent directly to the creditors.

Just to make sure you're looking in the correct place, creditor Proof of Claims do not show up on the Docket. They show up in the Claims Register area of PACER.

[jimisbroke]

Thanks to you both!

[justbroke]

Did you find any claims under the Claims Register?

[jimisbroke]

Nothing yet. But we didn't start out as an asset case. Trustee decided we were one right before discharge. The only thing Pacer shows is the trustee's intent to sell property on September 13. We were discharged September 20. So I'm assuming creditors would have 90 days from september 13th?

[HHM]

Not necessarily.

First, what is the asset the trustee is attempting to sell?

If it is something with questionable value or if it is questionable the item will actually sell...the trustee may not send the notice to creditors until the item actually generates funds. This situation sometimes happens when the trustee is over optimistic about the value of an item...goes to sell it, and then finds out he can't get any money for it beyond the exemption or prior secured party; or when the trustee tries to do something shady like taking an underwater house and negotiating a short sale to generate a service fee. The trustee won't send the letter to creditors requesting proof of claims until there is actual money to pay...so cases can linger open for more than a year.

[fordhipo]

We started out the same way as no asset then switched to an asset case. After our 341 the trustee filed a "notice of intent to sell" then a "order approving trustee's employment of auctioneer" then a "Trustee's notice of assets and notice to creditors" then a " notice to file claim due to recovery of assets". All this showed up on pacer per the dates. Now the notice of claims from creditors do not change the date of last filing they just show up under the tab "claims register".
Between us buying back some of our assets and then the money from the auction, the trustee will have some money to disburse, so that's why he may have sent out the notice to file claim

[AngelinaCatHub]

If your case was an asset case to begin with, there will be no "new" notice. The original Notice of Bankruptcy will already include a date to file claims in the case. However, if you were a no-asset case and the Trustee discovers assets to administer, then the Trustee will send out the notice to the creditors to file a claim. I too don't know if this is served through the court (via PACER), or just a letter sent directly to the creditors.

Just to make sure you're looking in the correct place, creditor Proof of Claims do not show up on the Docket. They show up in the Claims Register area of PACER.

This is true. We became an asset case but nothing was sent out until we were noted to purchase back. One we agreed, the case went on for a year until I paid my promise. Then the case went to press.

We started out the same way as no asset then switched to an asset case. After our 341 the trustee filed a "notice of intent to sell" then a "order approving trustee's employment of auctioneer" then a "Trustee's notice of assets and notice to creditors" then a " notice to file claim due to recovery of assets". All this showed up on pacer per the dates. Now the notice of claims from creditors do not change the date of last filing they just show up under the tab "claims register".
Between us buying back some of our assets and then the money from the auction, the trustee will have some money to disburse, so that's why he may have sent out the notice to file claim

I didn't have that much press. Due to ignorance we lost about 10.5K unnecessarily. However, our Trustee was a kind soul and when doing everything wrong and we sure should have been booted out, he did advise us with kindness. I have just learned my ex-wife has her 341 on her birthday, the 11th of this month. I will be there for her support. We are still friends. 'Hub