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    Deadline today

    Question so my case went to a 2004 exam and the us trustee and continued asking for more time twice. Today is the deadline. He has not filed anything that I can see in pacer. So does he have to file if he wants to dismiss or object to my case? Or does he just show up in court today? I asked my attorney several times this last month and he said he had not heard a word from him about my case and that he has talked to him several times as he is now pulling this on several of my attorneys cases (it really sounds like he has a issue with my attorney) I would of thought if he was going to object he would have to file something and I would see it on pacer. Any thoughts to this???? (My attorney also told me that he is getting moved from the us trustee office, makes me think something is up with this guy)

    #2
    The United States Trustee (UST) is notorious for filing "last minute" extensions. They have until 5PM to file another extension if it is expiring today. If they file late, then your attorney should file an objection to their extension (if it is past the time), and move to have the discharge entered.

    When the UST files an extension, there is really nothing to object to. The court is going to grant it anyhow.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      How many extensions can they file for? If he was going to file to have my case dismissed that would have to be by 5 pm also right?

      Comment


        #4
        I can't remember, but I think one person here had the UST extend at least 3 times.

        I would think that the UST would file the motion during normal business hours (5-6PM latest) for another extension. At some point, if there are too many extensions, the debtor may want their attorney to object to additional extensions with a very good reason why the extension shouldn't be granted.

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Well nothing on pacer yet. My lawyer says he still not has heard anything. The only thing to change on pacer is on the case summary page they removed the discharge delay written on a line next to meansu. Fingers crossed!! Since I have been in this limbo for 7 months now will it take another 30 days to discharge?

          Comment


            #6
            No, it shouldn't take more days. It sounds like they removed the flag so that the case can now be discharged. It will likely discharge any day now since there is no flag keeping it from being discharged.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Discharged today!

              Comment


                #8
                Originally posted by Vicoli77 View Post
                Discharged today!
                Congratulations! The big bad UST huffed, and puffed, but couldn't stop you.

                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

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