Pins and needles -- what will UST do??

[sillywalks]

Hello, all. I am on pins and needles right now. If I understand this right, the UST has 30 days from filing a presumption of abuse to either dismiss, convert, or decide there is no presumption of abuse.

The UST filed a presumption of abuse on July 15th. I counted out the days, and that seems to mean that the UST will have to do something by Friday (the 12th), or else their only option is to let me have my Ch. 7 or file under 'a totality of circumstances'. Am I correct in my thinking?

If I am right, I am wondering if anyone has had a presumption of abuse and if in their case the UST waited until the last day to do something? Is it typical for it to go down to the wire? Or is it possibly in my favor that nothing additional has been filed by the UST by now? I know my attorney told me he just heard back from the UST last Thursday regarding the 5 emails he said he sent to them.

I think I may have to take some Xanax to get through the next two days!

[jeep75]

Did the UST ask for anything more from you in regards to documentation? Sometimes they are just buying time to look at your case.

It looks like he will have until 8/15 to either withdraw his presumption of abuse or file to dismiss under totality of circumstances.

[sillywalks]

Jeep --

The UST has not requested any further documentation, although I think my attorney submitted evidence of my car expenses and medical expenses.

Does the UST have until 8/15? I thought it was 30 days from the day the UST files the presumption -- including weekends. 30 days would be 08/12/11 (tomorrow). Am I mistaken?

Thanks!

[jeep75]

30 days from 7/15 is Sunday, August 14, 2011, so he will have Monday the 15th I believe.

[sillywalks]

Jeep --

I found this on another thread from tcreegan (Tom in Colorado):

<Holidays, weekends, business days, snow days...they all count. Deadlines are calendar days except when the deadline falls on a weekend/holiday/snow day then it is the next business day.

Trustee files statement of presumption of abuse/no presumption of abuse 707(b): 10 days after first 341
(quick thumbs up/thumbs down on the means-test)
Trustee follows it up w/ motion to dismiss/convert/presumption not appropriate: 30 days after the 10 day statement
(follow up to the quick thumbs up/down)>

I counted from July 14th, and August 12th is exactly 30 days. Thank goodness, because the stress is really getting to me!!! The UST filed the POA on the 13th (I put it in wrong above!!) -- sorry about that -- told you it was getting to me!

[jeep75]

OK now I see, you had put 7/15 in the first post, this explains the date differences!

If you haven't heard anything more, and nothing more is on pacer, I bet the UST will be dropping the POA.

[sillywalks]

I'm so scatterbrained! I hope you are right -- it will be nice to move on with my life! Thanks!

[tobee43]

i'm with jeeps on this one...i think it's over!! i hope i hope!

[justbroke]

I wouldn't say anything until the UST actually doesn't do anything to day. The Office of the UST (OUST) is well-known for absolutely last minute filings when it comes to things like this. The UST still has the trump card, which is the Totality of Circumstances. Generally, though, if they aren't requesting "more" documentation then they may be satisfied. However, the OUST is still required to file something by the 30th day (whether that's a motion to dismiss or a notice that the statement was unfounded -- no abuse found).

[tobee43]

I wouldn't say anything until the UST actually doesn't do anything to day. The Office of the UST (OUST) is well-known for absolutely last minute filings when it comes to things like this. The UST still has the trump card, which is the Totality of Circumstances. Generally, though, if they aren't requesting "more" documentation then they may be satisfied. However, the OUST is still required to file something by the 30th day (whether that's a motion to dismiss or a notice that the statement was unfounded -- no abuse found).

excellent point. it is a bit scary about that last minute situation, but i'm certain it happens.