Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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14 days after 341

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  • 14 days after 341

    It's been 14 days after our 341. We received a report of no distribution about four days after our 341, so that hurdle is crossed. I understand that 14 days has special meaning in reference to the UST. We were not over the median, though, so does that 14 day mark have any special meaning for us? Or are we just 14 into our 60?
    I guess I just want to know if I should be celebrating or just sitting quietly with my hands in my lap, like I've been doing for the last 14 days.

  • #2
    I forget the actual terminology but the UST is supposed to file some form of intent or notice that they are going to pursue a POA or motion to dismiss. Unfortunately, they never comply and will file anytime up to the 60 day mark.

    Although silence is golden.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.


    • #3
      The UST has 14 days from the 341 to file a Notice of Presumed Abuse. If the UST fails to do so he/she is barred from filing such a Notice thereafter. If a Notice is timely filed the UST has 30 days from the filing of the Notice to file a Motion to Dismiss. If the UST fails to file a timely MTD she is barred from doing so at a later date as it relates to 707(b).

      Nothing was filed in your case within the 14 days therefore, noting will ever be filed as it relates to 707(b).



      • #4
        During my 341, the trustee asked for a couple of additional documents. Tax return for 2010, 1009's for a small inheritence that I recieve, the Summary Document for my 401k and my Roth YE Statement. He wanted it within 10 days and he received it within 10 days.

        Since he asked for additional info, does the 14 days still apply? Nothing has been filed on Pacer since my 341 and I still don't have a report of no distribution. Because he asked for additional info, does that extend the 14day deadline?



        • #5
          Originally posted by lwh1961 View Post
          During my 341, the trustee asked for a couple of additional documents. He wanted it within 10 days and he received it within 10 days.
          Since he asked for additional info, does the 14 days still apply? Because he asked for additional info, does that extend the 14day deadline?
          The 14 day deadline has nothing to do with an info request from your Trustee as failure to comply with the request would not result in a 707(b) matter. It would result in a 727 matter asking that your discharge be denied (or revoked). You simply need to cooperate with the Trustee to avoid any problems. The 727 deadline is 60 days from the 341.


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