never had a 341...and my bk was discharged!!!!???

[whatever68]

What is the name of your state? MICHIGAN


I filed for bk in May 2005 after I accumulated $12,000 in hospital debt and was uninsured. I also had a settlement I need to pay from a divorce decree ($2,400)

I was getting hounded by both and decided to file bk-7. After I filed I found out Medicaid would cover the back hospital bills I told my attny I wanted to dismiss as I was not going to file bk for only a 2,400 debt and would start making pmts to my ex (credit card bill...my portion there of)

I had a 341 meeting scheduled and told my attny to cancel it and dismiss my case..this was in July. I have heard nothing from him.

Yesturday i got a 'discharge of debtor" notification in the mail...I never even went to court...never even went to meet the trustee...never anything!!!
am I screwed....or what???

called the bk court and they said it is discharged...but not closed as we are just waiting on paper work now.
what the heck...if anything can i do...no response from my attny when i call him.

S~

[Ladynred]

That is extremely strange. If you don't show up for the scheduled 341, your case gets dismissed. Have you checked your case on PACER for yourself ??

[whatever68]

ladynred...this is what I found on pacer

please tell me what this means...


First Meeting of Creditors Held and Trustee's Report of No Distribution: Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. I have received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office.. (Porter, John) (Entered: 09/08/2005)

thanks...you rock!!
ps...all it says regarding creditors meeting is that meeting was adjorned

[Ladynred]

That report of no distribution is what happens AFTER a 341 meeting once the Trustee deteremines that you case is a no-asset case. Without a 341 meeting, I don't see how a Trustee could file this report !

You could call the Trustee's office if your lawyer isn't doing anything about it. The thing is the report was entered just last week and you filed in MAY.

[whatever68]

does that seem too late or something? I would have had the first creditors meeting in june but i was back in the hospital admitted(stroke may 5th and then tia in june ) so it was rescheduled to august 1st. I called my attny and said cancel it as I had medicaid and the office lady said ok..she will give the message to the attny.

I looked at my credit report today and the only thing bad on there is the bk and a medical bill for 23.00 from 3 yrs ago so therefore i claimed bk for just that!!! I feel sick!!

I feel like there is a major mess up and the bk court is going to do nothing about it. the trustee messed up the attny messed up and I am left with 10 yrs of bad credit.
now my hospital bills are paid by medicaid ...yet also bankrupt at the same time as they were listed as creditors on my application...I feel like I am going nuts here!

I will prob lose my medicaid for fraud type activity .....have to pay my ex back for some sort of dissmissal and.....face the fed pen for all i know!!!!

good lord!!! I maybe should file a greiveness against my attny and tell medicaid and the trustee about this...this is nuts

[whatever68]

btw...thanks ladynred**************I really appreciate your help!

sandy

[Ladynred]

Ok, the 341 was rescheduled for August, and the Trustee's report comes a month later, that's not so bad. However, since YOU never went to the 341, and I'm guessing your lawyer didn't either, this whole thing is a complete screwup. If I were you I'd call the Trustee's office on Monday, explain that you never went to the 341 meeting, so how could the case go forward instead of being dismissed ???

I feel like there is a major mess up and the bk court is going to do nothing about it. the trustee messed up the attny messed up and I am left with 10 yrs of bad credit.

The fact that you filed at all would have gone on your credit report anyway even if it was dismissed. However, the notion that you now have bad credit for the whole 10 years is nonsense. You can rebuild your credit and probably restore it in a couple of years since you say there is nothing else derogatory on your reports. You may be one of the lucky few who gets it back to pre-filing scores in less time BECAUSE you had no other derogs on your reports. The point is, you're not doomed to 10 years of rotten credit.

I will prob lose my medicaid for fraud type activity

Now you're going overboard. There is no reason for you to lose your Medicaid for fraud - there was NO FRAUD. People eligible or on Medicaid file BK every day, that's not fraud.

I DO think you need to talk to the Trustee.