Chapter 7 snowballing

[jadedone24]

What is the name of your state? AR
I have posted before on my chapter 7 problems. First I was notified of a complaint and I filed a response. Yesterday I received a letter from the courts of a second motion to extend the time to file a complaint until May 15 of this year. I contacted my attorney immediately. He told me that he had received a letter from the US Trustee wanting some documents on my income and my husbands disability, bank records and so forth. I got there to look the papers over and my attorney walked past me and informed me he was late for court and his receptionist would show me the letter. Well I looked it over and the letter was dated Feb. 23! It stated in the letter that if there was no response by March 10, they would either schedule a rule 2004 examination (Don't know what that is) or dismiss the case. Well, my lawyer hadn't told me about the ltter until yesterday--but I did come right home and get the documents they requested. I am so lost and feeling just buried, I don't know what to do and my lawyer hasn't told me a thing. Can someone please give me any information?

 

[Ladynred]

What do you want to know ??? If you provide all the documents requested by the US Trustee then they will be reviewed and a decision made to either have a hearing to ask you a LOT of questions (Rule 2004) or a motion to dismiss could be entered.

 

[jadedone24]

My main concern is that my lawyer didn't notify me to get the information together before the deadline of March 10. He may have replied to them and didn't tell me--who knows, but is the reason they are doing this is because they think I am hiding money? What is a 2004 examination? Will they dismiss my case?

 

[Ladynred]

It is possible that your lawyer replied w/o telling you, so you need to nail him to his chair and find out WHY he didn't give this to you until AFTER the 3/10 date.

A Rule 2004 examination - basically they'll ask you a lot of questions about the information you put on your schedules and since the Trustee is asking questions about income, I suspect they may think you have more than you listed. They've asked for the extra documentation and they may ask for more if they go thru with the Exam.

Rule 2004.Examination

(a) Examination on Application

On application of any party in interest, the court may order the examination of the entity. Rule 9014 governs the application.

(b) Scope of examination

The examination of any entity under this rule or of the debtor under §343 of the Code may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge.

 

[jadedone24]

Okay, I went and talked to my attorney today, and he did not reply in my behalf--now they have scheduled a meeting at his office, in his conference center. The US Trustee will be sending a representative to question me. Is this a 2004 examination? Should I take copies of what I submitted and how can I be prepared. How long will this take?

 

[Ladynred]

Yes, that will be the 2004 examination. I would definitely take copies of everything you provided previously and I'd have handy any and all backup documentation to support what's on your schedules as far as your financial situation is - income seems to be what the US Trustee is questioning.

 

[jadedone24]

How much longer do you think it will be after this examination before the the court either dismisses it, makes me file chp 13 or discharges my debt....is this the end of the road so to speak?

 

[Ladynred]

There's really no way to tell how long it will take. The person who will question you will report back to the US Trustee and he/she will make a decision as to dismissal or dropping it and going forward with your discharge. I don't imagine it should take too long.

 

[jadedone24]

I am so sorry to keep on asking you questions about this, but obviously I have never done anything like this....but, you said I should take all the documents and those supporting, but can I make notes and have them there while they are questioning me--or will they allow this? I just wanted to have my ducks in a row beforehand.

 

[Ladynred]

Take whatever notes, documentation, whatever you need, they're not going to object and I'm sure they expect it. You won't have any hot lights shining in your face

 

[jadedone24]

thank you so very much for your advice, i really appreciate it. i will post again when it is over