Weekends and Holidays

[adams8866]

341 done, now the countdown. Are the 14 days and 60 days business days or do weekends and holidays count?

[tobee43]

all i know is we got our discharge order and close order on day 63, so i'm going say here in the middle district of florida, apparently, everyday counted including the weekends and holidays, both which occurred during our waiting period.

[filed]

adams,

I am pretty certain that 704 - duties of the trustee - still has the deadline at 10 days, not 14.

Also, it is calendar days, not business days, excepting that if the last day falls on a day when the courts are not open, then the deadline is moved to the end of the first day following that the courts are open. Justbroke has done a great job in other threads of making this understandable.

[tobee43]

assuming the trustees findings show it is not found that there is presumed to be an abuse under section 707 (b)

TITLE 11 > CHAPTER 7 > SUBCHAPTER I > § 70

§ 704. Duties of trustee:

this is the section which is applicable:

(1) With respect to a debtor who is an individual in a case under this chapter—

(A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707 (b); and

(B) not later than 7 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors.

(2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph

(1), either file a motion to dismiss or convert under section 707 (b) or file a statement setting forth the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor’s case should be presumed to be an abuse under section 707 (b) and the product of the debtor’s current monthly income, multiplied by 12 is not less than—