Hope this helps all ----- 3 Deadlines to Sweat Out after Your 341

[BKHELP138]

Discharge of Debtor (Admin.) (Entered: 03/01/2011) Done done and done

[BKHELP138]

Day 66 Nothing on Pacer ...

[BKIN2010]

The Trustee will not do anything about passing/flunking your Means Test until after the 341 hearing.

The Trustee then has 14 days to decide if he will file with the Court that your case is subject to dismissal because you did not pass the Means Test.

I could be wrong but I thought the Trustee has 14 days to file a statement with the court as to whether or not you passed or flunked the Means Test and then 30 days from such filing to petition the Court to dismiss your case.

[feelingnutsy]

Hi---BKHELP138---absolutely---so start checking PACER.

[BKHELP138]

Ok today is day 62 including weekends and holidays from my 341. Is the 60 days up now ? Should I just be waiting for my discharge ?

[gman]

Good info. When I read this I noticed that it says that the trustee has to file the statement stating you flunked or passed the means test within 14 days after the 341. Does that mean that the trustee can't object and force you to convert until AFTER the 341, or can they do that before it ever gets to the 341?

My example: under the median (due to SS) on the chapter 7, but according to schedule i - we are over. I'm trying to figure out if the trustee can do anything before the 341 or if that's the golden date.

The Trustee will not do anything about passing/flunking your Means Test until after the 341 hearing.

The Trustee then has 14 days to decide if he will file with the Court that your case is subject to dismissal because you did not pass the Means Test.

[mom2crazies]

Good info. When I read this I noticed that it says that the trustee has to file the statement stating you flunked or passed the means test within 14 days after the 341. Does that mean that the trustee can't object and force you to convert until AFTER the 341, or can they do that before it ever gets to the 341?

My example: under the median (due to SS) on the chapter 7, but according to schedule i - we are over. I'm trying to figure out if the trustee can do anything before the 341 or if that's the golden date.

[csonly]

Apparently, the UST was in the right time frame to file and I agree, over the median filers seem to get the notice of POA and looked at closer and that is fine with me. They have a job to do and unfortunately for those of us who file in good faith get put under the microscope. Unless the trustee finds a problem with our expenses, we should be okay. I'm tired of worrying about it, we were honest, didn't try to play the system, did not plan months in advance to work the system, so it is what it is and we'll get through it.

[BKHELP138]

I think everyone whom is over median gets a notice for presumption of abuse. What state are you in ? It still might be past the 10 days and the UST can not do anything about it ? Just an idea

[csonly]

Apparently it was changed to 14 days and on day 13, UST filed a statement of notice for presumption of abuse because we are over median. This showed up on Pacer on day 13 from the 341.

[BKHELP138]

Seriously, they should have BK for dummies and BK for dummest (me)!! With that said, I have a question about the 10 day statement of passing the means test. Filing a statement with the court...is that something that would show in Pacer within that 10 day period? If not, does attorney get notice? How does one get that information?

Anyone word ...? It has been over 10 days

[csonly]

Seriously, they should have BK for dummies and BK for dummest (me)!! With that said, I have a question about the 10 day statement of passing the means test. Filing a statement with the court...is that something that would show in Pacer within that 10 day period? If not, does attorney get notice? How does one get that information?

[BKHELP138]

Today made 13 or 14 days if you count the day of the 341. Now I have 16 days to wait on assets then 30 days from there .... I can see how the time goes quick. Thanks for all the advice. Im a no asset under median case I would think all is good =)

[gman]

Does anyone know if after the 10 days if the US trustee files are report or is nothing filed till your discharge or if there is a problem ????

In my case - the Trustee did not file anything in PACER. They are not required to do so.

The good news is that once the 10 days are up - if nothing is filed - they cannot come back later and ding you for failing the Means Test. They can still come after you for "anything" between your 341 and the 60 day deadline - but the bar for them to file complaints just gets higher and higher as the process continues (in your favor.)

It sounds like you are past hurdle #1. Best of luck with the remaining two deadlines.

[BKHELP138]

Does anyone know if after the 10 days if the US trustee files are report or is nothing filed till your discharge or if there is a problem ????