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I just passed 14 days after the 341...

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    I just passed 14 days after the 341...

    So does this mean I have no worries as far as any objections by the UST?
    Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
    ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

    #2
    I do believe that objections can happen up until the actual date of your discharge.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Dunno lots of other people were saying he can only object within 10 days.... why is this such a debatable topic?
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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        #4
        The UST has 10 calender days to file a presumption of abuse statement (basically objecting to your means test). She has the full 60 days to try to to dismiss for "bad faith" or "totality of circumstances"

        So you are not safe until 60 calendar days past the 341 meeting.

        Not much to debate really.

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          #5
          Mike summed it up nicely. I would say though that in most cases, if the UST was going to take an interest in your case, you would have heard either before your 341 or at your 341.
          Filed Ch 7 - 07/10/08
          341 Meeting - 08/13/08
          DISCHARGED! - 10/15/08
          CLOSED - 10/20/08

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            #6
            I see... so many caviats
            BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
            Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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              #7
              Originally posted by mike258 View Post
              The UST has 10 calender days to file a presumption of abuse statement (basically objecting to your means test). She has the full 60 days to try to to dismiss for "bad faith" or "totality of circumstances"
              Mike is exactly right.

              Generally though, the 10-day hurdle is the big one. You would more than likely know if the Trustee was having trouble under 707(b)(3) (bad faith and totality of circumstances) within days of the 341 Meeting. The UST usually doesn't just spring on that type of dismissal on 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


                #8
                Thanks everyone for the clarifications.
                BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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