MOC Still Open?

[Anonymous]

Anyone have any experiences with a trustee not concluding your MOC timely even though s/he has all the information and has not requested anything else?  Mine has been open for a month.  

[sccredit]

Any kind of assets? Mine was held open for over a year due to assets

[Anonymous]

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@sccredit wrote:

Any kind of assets? Mine was held open for over a year due to assets

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Technically, no if you consider that we took exemptions.  However, the trustee may have a different view of the home value although I haven't heard anything else. 

Did you still get a discharge in a couple of months after filing even though your assets weren't abandoned by then? 

[sccredit]

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@Anonymous wrote:

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@sccredit wrote:

Any kind of assets? Mine was held open for over a year due to assets

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Technically, no if you consider that we took exemptions.  However, the trustee may have a different view of the home value although I haven't heard anything else. 

Did you still get a discharge in a couple of months after filing even though your assets weren't abandoned by then? 

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Yes, I received a discharge a couple months after filing, before they moved on the assets and abandoned others. I received a discharge roughly a year before my MOC was concluded. Up until then it was extended monthly even though I didn't have to attend each time.

[Anonymous]

So my lawyer made it sound like the MOC was closed on the day of the meeting but there is nothing in Pacer.  Lawyer made it sound like that doesn't matter and our discharge date is all that matters. However, the trustee still hasn't said or done anything about the assets, all of which we claimed as exempt with a realtor's valuation.  It has been almost two months of waiting for some sort of decision on them and our discharge date is only a few weeks away.  Will the discharge still happen if the MOC is not marked as satisfied in Pacer?  ... and what could possibly be the holdup on the assets?  

[despritfreya]

The timing of the conclusion of the 341 has nothing to do with the timing of the entry of your discharge. Further, the fact that there is no entry on PACER as to the “conclusion” of the 341 means nothing. My district only recently began making such entries. The question is: What happened at the end if the 341 meeting you attended? Did the Trustee continue it to another date or did he “conclude” it?

Assuming the debtor has supplied all documents and answered all questions at the 341, there is one (and probably only one) reason to leave a 341 “open” and that has to do with the ability to object to a claimed exemption. Creditors and the Trustee have 30 days from the conclusion of the 341 to object to an exemption (Google Bankruptcy Rule 4003(b)).

The timing of a Discharge is controlled by Bankruptcy Rule 4004 and typically happens shortly after 60 days from the first date set for the 341 (assuming no complaint to deny a discharge was filed).

Des.

[Anonymous]

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@despritfreya wrote:

The timing of the conclusion of the 341 has nothing to do with the timing of the entry of your discharge. Further, the fact that there is no entry on PACER as to the “conclusion” of the 341 means nothing. My district only recently began making such entries. The question is: What happened at the end if the 341 meeting you attended? Did the Trustee continue it to another date or did he “conclude” it?

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Thanks for your feedback!  My lawyer said his interpretation was that it was concluded same day.  I think I'm getting hung up on the pacer entry which you are making me feel better about.  Still no word on my assets though and my discharge date is nearly here.