Trustee declines to dismiss comment

[jp2861]

I see in some members signature block a date that the "trustee declines to dismiss". Is this something that arbitrarily happens from district to district? Or is there a timeline that the trustee needs follow and make the decision? I haven't been able to find anything that says a trustee has to make this determination within X amount of days.

[HHM]

You will only see that "declines to dismiss" if the trustee first files a "presumption of abuse has arisen..." (I forget what the actual designation is).

How it usually works is, the trustee thinks you make too much money for chapter 7, so they file a Presumption of Abuse...but upon further investigation (this is where those copious document requests come in), the trustee decides not to pursue dismissal.

[getouttadebt]

If you received the Statement of Presumed Abuse approximately 10 days after your 341, then the UST has no more than 30 days after that date to seek a dismissal/convert to 13 or issue a declination of presumed abuse. At least that is how it is working in CA -- and in my case in particular. My 30 days is up on April 16, so I expect that there will be a motion from the UST on that day because of some income issues.

Good luck,
getouttadebt