BK Attorney suspended from practice

[almostthere2008]

I received a notice in the mail that my BK attorney will no longer be allowed to practice effective at the end of the month.

This is where I am at in my BK-

341 completed 45 days ago-
Pacer has been updated to reflect "awaiting discharge" flag, but is also still showing "MEANSYES" flag.

There has been no presumption of abuse filed yet, my income is a little above the median and the means test reflects this. I do have some medical issues that were listed on my original filing with supporting documentation provided at my 341. My medical issues are going to be ongoing chronic concerns which are likely going to result in additional complications in the future.

Also, I have been designated an asset case because of a pending lawsuit (I'm the plaintiff), but I received a notice of abandonment for all my personal property the first part of July. I understand that this will delay the actual closing of my BK case until this is addressed, I was already aware of this going in, this part doesn't necessarily concern me. The trustee at my 341 didn't feel that this issue would hold up my discharge, it would only delay the closing


My questions are the following:

1) Is the presumption of abuse filing mandatory for the trustee? Or if there are mitigating circumstances, is it not filed in some cases? Or does the "awaiting discharge" flag in PACER indicate that it most likely is not going to be filed?

2) Do I need to secure another attorney at this point or should I wait to see if I am discharged w/o any issues? My last day for objection to discharge is 08/12--

Thanks for any advice/help you can give me!

[Help!]

1) Presumption of abuse statement is required to be filed within 10 days of 341 by UST if it is going to be filed at all. It is possible the UST initially intended to pursue it, changed their mind but didn't remove the "MEANSYES" flag. Awaiting discharge flag automatically shows after the 341 is satisfied or terminated (it will even be there after the UST has filed a statement of presumed abuse).

2) If the MEANSYES flag is still up, you will not be discharged until it's removed. Other than that, I'd check Deadline/Schedule and the Docket History to make sure nothing else is up.

At this point, the attorney wouldn't have done much for you anyway. I'd call the BK court clerk and let them know that since your attorney is no longer going to be practicing you need to know what to file to be able to represent yourself (if you're comfortable with that).

Either way, someone has to interact with the trustee and UST to get that flag removed... in my opinion, it might as well be you.