Client has a discharge and case remains open for mystery asset
Posted: Thu Dec 20, 2018 10:49 am
Feel free to discuss with me offline.
Sent from my iPad
> On Dec 20, 2018, at 8:50 AM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
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> Thank you, Wes, thats helpful.
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> Is it alright not to share any information of the Trustees intent on an asset case? I have not experienced a case like this before where I>
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> Steve Lever
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> Sent: Thursday, December 20, 2018 7:57 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Client has a discharge and case remains open for mystery asset
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> I know of no provision in the Code or Rules that allows a chapter 7 debtor to move to close her case. Only a trustee can no asset a case or file a final report. As to what is going on, two possibilities come to mind:
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> (1) Sometimes examining proofs of claim leads to unscheduled assets.
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> (2) It is possible that an identified non-exempt asset will be difficult to administer, so the Trustee wants to see what is the $$ amount of the unsecured POC before proceeding.
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> Wesley H. Avery, Esq.
> Bankruptcy Trustee
> 758 E. Colorado Blvd. Ste. 210
> Pasadena, CA 91101-2105
> wavery@thebankruptcylawcenter.com
> wes@averytrustee..com
> (626) 395-7576 (office)
> (661) 430-5467 (fax)
> (661) 618-7376 (cell)
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> Certified Specialist
> Bankruptcy Law
> State Bar of California
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> Board Certified
> Business Bankruptcy Law
> American Board of Certification
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> On Wednesday, December 19, 2018 5:40 PM, "Jeff Hagen jeff@hagenhagenlaw.com [cdcbaa]" wrote:
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> MAKING A WORLD OF DIFFERENCE SINCE 1970
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> Steven:
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> In my opinion, the proper procedural vehicle would be a motion pursuant to Section 554 to compel abandonment of all of the assets of the estate, not a motion ordering the Clerk to close the case.
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> But I also believe restraint is warranted. Its obviously a good idea to avoid making an enemy of the trustee. Have you tried to reach the trustees administrator to get an idea of what asset the trustee considers potentially worthy of liquidation? Trustees often play things a bit close to the vest, and accordingly you may have better luck getting the administrator to give you some insight.
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> Jeff
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> Sent: Wednesday, December 19, 2018 5:30 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Client has a discharge and case remains open for mystery asset
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> Yes, these are the statutes governing normal administration of a case.
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> However, where the Trustee is seemingly pretending to administer a case and not really doing anything Im not sure Debtors attorney has anything to do.
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> I suppose Ill wait it out. Its not the first time this has happened.
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> Sent: Wednesday, December 19, 2018 5:03 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Client has a discharge and case remains open for mystery asset
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> 11 U.S.C. 350(a)
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> FRBP 5009
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> 11 U.S..C. 704(a)(1)
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> Fully administered?
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> Thanks
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> David Jacob, Esq
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ps.com>
> To: "cdcbaa@yahoogroups..com"
> Sent: Wednesday, December 19, 2018 4:26 PM
> Subject: [cdcbaa] Client has a discharge and case remains open for mystery asset
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> A Trustee has concluded the 341A hearing after much due diligence on a case that I cannot see any possible asset or action for the Trustee to take in this Chapter 7 case.
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> Nonetheless, there was an asset notice given, and the Trustee is not responding to requests to disclose the asset or his intentions.
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> If this state persists, can I ask the judge to close the case under some code section, or is it just 105? I dont like depending on 105 much.
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> Law Offices of Steven B. Lever
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> Steven B. Lever
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> ( Tel. (562) 436-5456 ext. 1
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> ( Fax (562) 485-6886
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> * sblever@leverlaw.com
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> www.leverlaw.com
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Board Certified
Business Bankruptcy Law
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