Chapter 13 341 question

[stevem3827]

We are currently trying to get a Chapter 7 through but as of now, the UST has a presumption of abuse on file as we are showing a positive DMI on the means, but a negative on the Expense Schedule.

Our original 341 was on January 28th and it was continued to March 4th. Should we get pushed into a Chapter 13, does this open a new 60 days window for creditors to file claims or does it still go by the original Chapter 7 341 meeting date of January 28th?

[despritfreya]

If you convert to a 13 your case will be reassigned to a new trustee and the Clerk will issue a new Notice of Bankruptcy. The Notice will have a new 341 date and, yes, it will have a new date in which to file a complaint to determine if a particular debt is dischargeable under the parts of 11 USC 523 that apply in Chapter 13s as stated in 11 USC 1328(a).

Des.