Question on 10 day rule

[goingcrzy]

We were on day 58 when the UST decided to file a 707(b)3 - sorry I screwed up the number in my previous post. I was reading the below article. I makes it seem that the UST needed to file this within the first 10 days after my 341. I read elsewhere it is only ten days for 707(b)2, but this seems to say otherwise. Am I missing something? Or are my old eyes finally going...

http://www.************************/...cy-court-says/

[laurannm]

The UST must file the 707(b)2 , which is the Presumption of Abuse Statement, within 10 days of your 341. The 707(b)3, which is the "totality of circumstances", can be filed at any point during the 60 days.

It sounds like the UST doesn't have much of an issue with your means test (that's is when the presumption of abuse arises), but may have an issue with your schedules.

Were you showing a positive number on your schedules I/J? Did the UST file any other documents that explains their reasons for filing the 707(b)3? If they haven't they will be soon I believe

[music12]

We were on day 58 when the UST decided to file a 707(b)3 - sorry I screwed up the number in my previous post. I was reading the below article. I makes it seem that the UST needed to file this within the first 10 days after my 341. I read elsewhere it is only ten days for 707(b)2, but this seems to say otherwise. Am I missing something? Or are my old eyes finally going...

http://www.************************/...cy-court-says/

you may want to ask your attorney to fight over the time issue using that link and whatever other precedents you might find. the ust may well have missed the deadline but hopes nobody says anything.