Central District Consumer Bankruptcy Attorney's Association

Susana:
Yes, call the tustee's office and ask the
administrator if they just forgot. The trustee gets
the $60 per case only after the sheet is filed saying
the debtor appeared, so there is a small economic
incentive to filing a report of no assets, or a report
the debtor appeared and was examined.
dennis
> Dennis-Thank you very much for the detailed
> explanation. In one of my cases, the OUST asked for
> copies of credit card statements, which they got
> about 6 months ago. Haven't heard since and the case
> is still open, no discharge. The time to file any
> motion under 707 has expired, hasn't it? The Chapter
> 7 T hasn't asked for anything. I guess I'll call the
> OUST but it is the Ch 7 T that has to close the 341a
> right?
>
>

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Dennis-Thank you very much for the detailed explanation. In one of my cases, the OUST asked for copies of credit card statements, which they got about 6 months ago. Haven't heard since and the case is still open, no discharge. The time to file any motion under 707 has expired, hasn't it? The Chapter 7 T hasn't asked for anything. I guess I'll call the OUST but it is the Ch 7 T that has to close the 341a right?

Thanks.

Susana B. Tolchard
Dennis McGoldrick wrote:
>
There is no requirement to file a no asset report. If
the trustee thinks there are assets, the trustee keeps
the case open. A no asset report simply takes the
case off of the trustees reporting schedule (trustees
file full reports on open cases once a year (used to
be twice a year, a real pain in the rear)). It is the
closing of the 341a which allows the debtor to get a
discharge. There are cases out there regarding how
many times a trustee can continue a 341a, but you may
have to make a motion to compel to get the trustee to
file the report. Thereafter you will get no
cooperation from the trustee. It is better to nudge.
Write, in a nice tone, and ask why the 341a is being
continued.
The trustee does not even have to tell you what the
trustee is investigating. Don't be surprised if a
creditor has reported an asset to the trustee which
the debtor did not report to you.
The real outside limit is the two year statute of
limitations for the trustee to sue people (read
section 546). Your clients are "mostly" off the hook
when the statute runs. However, remember if there are
hidden assets, discovered after the 727 deadline, the
trustee gets more time to sue. I've had clients sued
years later by trustees, when assets, hidden from me
and the trustee, are found.
dennis
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Dennis-Thank you very much for the detailed explanation. In one of my cases, the OUST asked for copies of credit card statements, which they got about 6 months ago. Haven't heard since and the case is still open, no discharge. The time to file any motion under 707 has expired, hasn't it? The Chapter 7 T hasn't asked for anything. I guess I'll call the OUST but it is the Ch 7 T that has to close the 341a right? Thanks. Susana B. TolchardDennis McGoldrick <easky1@yahoo.com> wrote:
--- Susana Tolchard <stolchard@yahoo.com> wrote:>There is no requirement to file a no asset report. Ifthe trustee thinks there are assets, the trustee keepsthe case open. A no asset report simply takes thecase off of the trustees reporting schedule (trusteesfile full reports on open cases once a year (used tobe twice a year, a real pain in the rear)). It is theclosing of the 341a which allows the debtor to get adischarge. There are cases out there regarding howmany times a trustee can continue a 341a, but you mayhave to make a motion to compel to get the trustee tofile the report. Thereafter you will get nocooperation from the trustee. It is better to nudge. Write, in a nice tone, and ask why the 341a is beingcontinued.The trustee does not even have to tell you what thetrustee is investigating. Don't be surprised if acreditor
has reported an asset to the trustee whichthe debtor did not report to you.The real outside limit is the two year statute oflimitations for the trustee to sue people (readsection 546). Your clients are "mostly" off the hookwhen the statute runs. However, remember if there arehidden assets, discovered after the 727 deadline, thetrustee gets more time to sue. I've had clients suedyears later by trustees, when assets, hidden from meand the trustee, are found.dennis__________________________________________________________Looking for last minute shopping deals? Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch ... y=shopping
Never miss a thing. Make Yahoo your homepage.

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>
There is no requirement to file a no asset report. If
the trustee thinks there are assets, the trustee keeps
the case open. A no asset report simply takes the
case off of the trustees reporting schedule (trustees
file full reports on open cases once a year (used to
be twice a year, a real pain in the rear)). It is the
closing of the 341a which allows the debtor to get a
discharge. There are cases out there regarding how
many times a trustee can continue a 341a, but you may
have to make a motion to compel to get the trustee to
file the report. Thereafter you will get no
cooperation from the trustee. It is better to nudge.
Write, in a nice tone, and ask why the 341a is being
continued.
The trustee does not even have to tell you what the
trustee is investigating. Don't be surprised if a
creditor has reported an asset to the trustee which
the debtor did not report to you.
The real outside limit is the two year statute of
limitations for the trustee to sue people (read
section 546). Your clients are "mostly" off the hook
when the statute runs. However, remember if there are
hidden assets, discovered after the 727 deadline, the
trustee gets more time to sue. I've had clients sued
years later by trustees, when assets, hidden from me
and the trustee, are found.
dennis

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I have a couple of cases where the Ch 7 Ts have all the documents requested for months and still have not filed a report (asset or no asset) and the case is still open. At what point do I have to make a move and say enough is enough? I guess what I am asking is what's the procedure for getting the T to abandon the estate?

Thanks.

Susana B. Tolchard, Esq.
LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES
23734 Valencia Blvd., Suite 304
Valencia, CA 91355
Telephone: (661) 287-9986
Facsimile: (661) 287-9662
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
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privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
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I have a couple of cases where the Ch 7 Ts have all the documents requested for months and still have not filed a report (asset or no asset) and the case is still open. At what point do I have to make a move and say enough is enough? I guess what I am asking is what's the procedure for getting the T to abandon the estate? Thanks. Susana B. Tolchard, Esq.LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES23734 Valencia Blvd., Suite 304Valencia, CA 91355Telephone: (661) 287-9986Facsimile: (661) 287-9662 Member National Association of Consumer Bankruptcy Attorneys (NACBA) We are a federally designated Debt Relief Agency under the United StatesBankruptcy Laws. We assist people with finding solutions to their debtproblems, including, where appropriate, assisting them with the filingof petitions for relief under the United States Bankruptcy
Code. This does not constitute an electronic signature. This message contains confidential information which may also beprivileged. Unless you are the intended recipient (or authorized to receivefor the intended recipient) you may not copy, use or distribute theinformation contained in this message.
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