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    What can happen in this scenario

    What happens if the US Trustee does NOT file a decision on her POA by the 30 day deadline? I thought they had to put in something.

    #2
    Yes, they have to put in something. Typically it's a withdrawal, an extension request, or their actual Motion to Dismiss.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I thought so, but what happens when they DON'T. What if its day 34 from her filing and NO filing of the decision? I know they have excluded weekends and holidays. I cannot find anything about when they don't. My attorney said and I quote "They are government and they do not have to let us know. I feel like if she was going to (dismiss) she would have by now" I just find that bizarre.
      I thought she had filed something positive but I was mistaken. Does this mean I have to sweat out every day thru day 61?
      I am sorry for so many questions, but this just has me sick. The waiting is the hardest part.....at this point, I would just like to know..whatever the outcome.

      Comment


        #4
        If weeks pass, your attorney can file a Motion to Compel or similar paper. Your attorney could also "poke" UST although poking the UST is not always a good idea. For example, if you poke them they may say "oh yeah, that case" and then will look at it again. If it passes the 60 days since the first scheduled 341 Meeting, then the Trustee would not be able to pursue that presumption of abuse because the last day to file a "complaint" is the 60th day.

        Bankruptcy is a marathon, not a sprint. Not everything will go as fast as you want. You are okay at this point. There is nothing to worry about or lose sleep over. The hard part is done. Now you just sit back, relax, and wait for your discharge. (I know, easier said than done! Look at my 14 Day Thread and you'll see that it was hard even for me! But I managed.)

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          OK. I just thought with that POA out there, NO decision from the UST that she could do something from now until the 60th day. I will let a sleeping dog lie and just hope nothing crops up by day 60. I just thought they HAD to put in a decision...didn't know they could just let it go.
          To think I have less than 20 days to discharge and it could still be taken away.....its just gut retching.
          BTW, she has had my "requested paperwork" that she asked for since 9/16.....Just am so afraid of the "surprise" right at the end of a "sorry, its not a discharge."
          Thank you again Justbroke.

          Comment


            #6
            They are supposed to file either a Motion to Dismiss for Abuse "707(b)(2)", or withdraw the notice of presumption of abuse (the POA). The United States Trustee (UST) always has the trump card which is the Motion to Dismiss under Totality of Circumstances. The totality of circumstances dismissal can be pulled at anytime before the 60 days elapse. This is why it may be better to just let the UST do what the UST does. They may get around to their withdrawal of the POA or not.

            Let's just wait the 60 days and see what happens. While I didn't have a POA, I was certain that the UST was going to pull the trump card on me because I was filing a non-consumer Chapter 7 bankruptcy (converted from a Chapter 13).

            I hope that you can relax now. I know it's hard! Maybe you can start a 20 day thread (just as I did the 14 day thread). There's nothing like encouragement from the others here on BKForum!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              OK...will try to relax. Just knowing that loose end POA is sitting there reminds me they have scrutinized my case and without a determination thus far ..it's still out there like a red flashing light. Being so close, yet so far away knowing they have their thumb on the button....its brutal.
              Thank you JB...rest assured, I will keep you posted. Thanks for being there

              Comment

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