Notice of Continuance on PACER but no notice?!?

[buster123]

We had our 341 on 2/7… all went well. There were no unexpected questions and the Trustee was satisfied with our responses. She said that she was good but needed to wait for the “green light” from the US Trustee because our income in over the median.

I spoke to my lawyer’s office on 2/17 and they had not received any info (no news is good news, I think). I logged into PACER today because I read somewhere on this board that if the US Trustee was to object to our Means Test, it had to be within 14 days of the 341.

I noticed a “continuance” was filed on 2/9… 2 days after our 341. The continuance is scheduled for 3/14 but I haven’t rec’d any kind of notice and when I spoke to my lawyer’s office on 2/17 they hadn’t received any info either. Is the continuance just a formality that was scheduled after the 341 by the Trustee because she had to wait for the US Trustee? Also… I didn’t see anything filed by the US Trustee either.

I’ll call my lawyer tomorrow but wanted to see if anyone had seen something like this before and if the continuance is just a formality because the Trustee needed to wait for the US Trustee to review our Means Test.

Thanks!!

[tcreegan]

Hi buster123,

Check PACER and see who filed for the continuance. For the BK trustee to file a continuance 2 days after telling you all was well is pretty unusual. For the UST to file for a continuance is more normal, they might be backlogged and know they are going to need more time. The BK trustee filing a continuance for the UST is highly irregular.

Hopefully it is just a formality,

Tom in Colo

[buster123]

Hi Tom, thanks.

I emailed my lawyer's office today and it seems that this is just to hold the case open to give the US Trustee time to review the documents requested about a week or so before my 341 (daycare and student loan payment info). Apparently they are back logged and can take some time to review the info requested.

My lawyer doesn't expect that we'll hactually have another 341.

Thanks again!

[tcreegan]

...you got the good answer, just backlogged, need more time to catch up. Not looking for anything special, just trying to plow through the stacks of paper...

Hope for a smooth run for you!

Tom in Colo