60 Day Question

[mike258]

Ok, so I know the UST has 60 days from the conclusion of the 341 to file her motion to dismiss based on "totality or circumstances" or "bad faith"

My 60 days is up tomorrow, but my creditors have up until Monday to file a objection to discharge. Apparently, when a deadline ends on a non-court day (in this case Saturday), it gets pushed to the next available day the court is open (the following Monday).

Does the UST follow the same rules? Will she have until Monday to file her objection? I'm just super paranoid...

[mom2three09]

It's my understanding that the UST only has until 10 days after your 341 to file abuse,etc. I know I was counting down the ten days after our 341 to make certain the UST was NOT interested in our case (which she was not).

[Klesko]

I am pretty sure its 10 days to file the notice..

[mike258]

They only have 10 days to file a presumption of abuse based on your means test. They have a full 60 days to file a motion to dismiss based on "totality of circumstances" or "bad faith"

[justbroke]

Ok, so I know the UST has 60 days from the conclusion of the 341 to file her motion to dismiss based on "totality or circumstances" or "bad faith"

A small review for everyone.

The Trustee has 10-days after the Meeting of Creditors to file a "Statement of Presumed Abuse". The Trustee then has another 30-days to either file a Motion to Dismiss for Abuse under 11 USC 707(b)(1)/(b)(2) or to file a notice that there is no abuse.

Now, the Trustee can, for cause, file a Motion to Dismiss under the "totality of circumstances" or for "bad faith", under 11 USC 707(b)(3) within 60-days after the Meeting of Creditors.

My 60 days is up tomorrow, but my creditors have up until Monday to file a objection to discharge. Apparently, when a deadline ends on a non-court day (in this case Saturday), it gets pushed to the next available day the court is open (the following Monday).

Exactly.

Does the UST follow the same rules? Will she have until Monday to file her objection? I'm just super paranoid...

Yes, they follow the same rules.

(good job mike258!)