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Still no word on abuse

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    Still no word on abuse

    Our 341 was the 20th of May and we got an email from our atty on the 2nd of June. Still no word, just a meansyes showing on the pacer status. I'm stressing and can't help but worry. How long do they have? Our 60 days are supposed to be up July 20.

    #2
    I believe the TT has 10 days from the 341 to declare a presumption of abuse or convert to a 13.

    looks like you made it .....( Barry manilow music)

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      #3
      Have you received an official notice from the BK court? If you are presumed abuse the US Trustee would have notified the court and you will get a copy of that in the mail.

      Our meeting was May 22nd and the US trustee filed his notice of abuse on May 29th.
      We also have MeansYes on pacer.
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

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        #4
        what did the email from your attorney say?

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          #5
          Sorry. Yes, we have received presumption of abuse. The atty said this is common, but it's been over 2 weeks and we haven't heard yet. We filed a 13 and coverted to a 7 about a week later due to DH's job loss. He started work in another state Monday, so we're moving.

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            #6
            Your attorney should be able to tell you why the presumption was filed and what can be done to correct it. We received our notice on Friday and my lawyer new what the problem was the following Monday.
            4/09 Converted to a Ch 7 due to loss in dh's income
            5/09 UST now involved no idea what happens next
            7/09 UST has decided to withdraw his motion to dismiss!
            7/27/09 DISCHARGED!!!

            Comment


              #7
              Originally posted by indigoblue View Post
              Sorry. Yes, we have received presumption of abuse. The atty said this is common, but it's been over 2 weeks and we haven't heard yet. We filed a 13 and coverted to a 7 about a week later due to DH's job loss. He started work in another state Monday, so we're moving.
              If that was filed, then the Trustee has 60 days from the 341 Meeting (and before the Discharge) to file a Motion to Dismiss or Convert.
              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.

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