"UST Statement of Inability to Determine Abuse"

[repuman]

We are a bit over median and making payments on a 401K. My lawyer is already saying we are having to convert to a 13. However, I just saw this on pacer. Does this mean we should stick this out and fight a bit? Lawyer said, "we'd lose". I never got a letter in the mail from the UST, we are about 60 days past our initial 341.

[tcreegan]

Hi repuman,

From cases I have read, courts don't like to see the trustee file 'inability to determine' reports. Apparently they file this to satisfy the 10 day deadline they have to say presumption or no presumption. Buys them some time. The UST has 10 days after the 341 to file a presumption of abuse or no presumption of abuse; then they have 30 days to file a motion to dismiss, convert, or deems the dismiss motion to be not appropriate.

At almost 60 days past the 341, the UST has missed the deadlines (unless they filed for more time)

Your lawyer should be all over this, maybe give them a swift kick to get them motivated?

Tom in Colo