When should Presumption of Abuse be decided?

[hearr]

My question is this.....If there is to be a "Presumption of Abuse" decision in my wife's BK case, historically how long should that take to be decided? Our attorney filed her Ch 7 on 6/30 & the 341 meeting was 8/3. There had been some belief by her attorney that there might be a possibility of a "Presumption of Abuse" because the US Trustee had requested extra bank statements & pay stubs (approx. 8 months worth) about a week prior to the 341. The 341 meeting did go well, with no mention of this, but only the BK Trustee was there, not the US Trustee. I do not see anything on Pacer reflecting anything to do with a Presumption of Abuse & the status just says "awaiting discharge" & a flag stating "MEANSNO."

Ken

[keepmine]

Who knows? The trustee has 60 days from the date of the 341 to make a decicion. We've had posters report all was fine on PACER until day 59.

[hearr]

Who knows? The trustee has 60 days from the date of the 341 to make a decicion. We've had posters report all was fine on PACER until day 59.

Wow...that's upsetting to me. Particularly since my wife's attorney had told her the US Trustee only had 10 days to review the documents & make the decision.
Are you saying that both Trustees have 60 days to rule? Also I don't know if this matters or not, but PACER does show the date of 8/3 Creditors Meeting & a date of 8/6 in which the Trustee stipulates there are no assets to distribute, etc.
So during this potential 60 day period for the "Presumption of Abuse" decision, does the creditor stay at least remain in place?

Ken

[familyof7]

So during this potential 60 day period for the "Presumption of Abuse" decision, does the creditor stay at least remain in place?

Ken[/QUOTE]

yes it stays in place. But your attorney knows your district best so if he says 10 days that is the usual time frame in your district. In what I have learned the presumption of abuse usually comes very quick after 341

[SinkingFast]

MeansNo means the Local Trustee has found No Presumption of Abuse.

The UST requesting extra documentation could be for any number of reasons. Doesn't necessarily mean anything bad.

Could be your wife drew the lucky Number 250. Beginning last fall 1 in every 250 cases filed is subject to Audit.

Could be your wife is an over the Median Filer and the UST just wanted to look at extra documentation.

Could be your wife is looking to Discharge a significant amount of Unsecured Debt. In excess of $100K in Unsecured Debt is a trigger for the UST's Office.

The Creditor Stay remains in place until Discharge or Dismissal. Which ever happens.

The UST's Office can ask for an Extension on Day 59. That happened to the couple 1 number behind us. But within a couple of months, whatever the issue was was resolved and they were Discharged.