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Abuse or not abuse ruling from us trustee

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    Abuse or not abuse ruling from us trustee

    does have a good lead on time tables ( i am trying to find out if the us trustee has a timeline to say abuse or not abuse) She just said unable to determine but i am thinking from something freshstart told me that they have 30 days from that ruling to make a determination????

    #2
    Actually the US Trustee has 60 days from the date of the 341 meeting to voice any objections. In our case, the US Trustee waited until the 52nd day...Have they asked for any additional documentation?
    sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

    Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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      #3
      not since the 341 meeting

      she filed unable to determine on 9-18

      i have asked my lawyer but have not received a response yet

      i think you are correct i just wanted to see if anyone new

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        #4
        JEC, you misunderstood me, I called the clerk in my district to ask about my case and she told me "in my district" the US trustee, if they were to object they would have done it within 30 day of the 341 meeting, this for all the cases they that has came into the district I live in. The US trustee in our district usually steps in very early. But in reality they have the full 60 days just like creditors.

        Since in my case, we are currently awaiting closing, not discharge and the US trustee has not ask for any further docs in our case so the clerk stated we are fine.

        Sorry for the to confuse you. Remember each case is different.
        Success is reachable, stretch out your arm and grab it.

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          #5
          freshstart

          i was not speaking of you but someone else>>>>>>>>>>>>

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            #6
            In my case, I filed on 7/11, the UST on 8/1 requested addt'l documentation to see if they would object.

            I responded with the mountain of paper on 8/21 and they came back on 9/14 saying "We are declining this case". Those words were almost as sweet as hearing "You are discharged"...............

            But yes, I believe they too have the 60 days from the 341, but all they need to do is ask for an extension and most bk judges will grant it.
            Filed Business Chapter 7: 7/11/07
            341 Meeting: 8/8/07 Asset Case
            US Trustee reviewed case/resolved 9/14/07
            Discharged: 10/11/07 Closed: 11/2/08

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              #7
              almost seems as if they are trying to see if they can wear you down and freak you out.

              Comment


                #8
                In my case the UST file an actual motion titled "unable to determine abuse". According to my attorney they then had 30 days to file the actual motion to dismiss for abuse - which they did!

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                  #9
                  yankeegirl

                  any new news in your case?

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                    #10
                    Originally posted by Boscoe View Post
                    In my case, I filed on 7/11, the UST on 8/1 requested addt'l documentation to see if they would object.

                    I responded with the mountain of paper on 8/21 and they came back on 9/14 saying "We are declining this case". Those words were almost as sweet as hearing "You are discharged"...............

                    But yes, I believe they too have the 60 days from the 341, but all they need to do is ask for an extension and most bk judges will grant it.
                    Boscoe, what of additional documentation did the UST request?
                    Thanks.

                    Comment


                      #11
                      jec

                      No news on my case...our judge left the bench for emergeny bypass surgery 3 days after getting the case! He isn't expected back until next week. So I'm thinking it will be at least another month before we know anything.

                      Comment

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