UST asking for more time

[mike258]

[want2save]

I believe the UST has the full 60 days, but from what others say, this is very rare to object at this late date. Do you have any idea what the objection to discharge could be? Anything irregular about your case?

[2manybills]

Did they list a reason in their documentation? It could just be because the court's are so backed up that they are looking for more time.

[mike258]

I have been under the scrutiny of the UST since I filed. I dropped of 2k+ pages of paperwork on July 8th (bank statements, cc statements, etc.). This is the first I have heard from them since.

Thy filed a motion for an extension of time 48 minutes before the deadline.

[2manybills]

To me it sounds like all of your stuff has been sitting on someone's desk and they haven't looked at it yet. They are trying to buy time. Did the court grant the time?

[mike258]

To me it sounds like all of your stuff has been sitting on someone's desk and they haven't looked at it yet. They are trying to buy time. Did the court grant the time?

Not yet. The motion was just filed a few hours ago. I wonder if I should object...

[ForumReader]

This is odd. If a 60 days rule has been enforced in BK courts, then why should the UST file a motion to ask for more time? This does not sound right unless the court is really really backed up in your area?

[2manybills]

I'm trying to find some rules for you about objecting.

[2manybills]

I would say file an objection with the court.

Just because they have requested an extension does not mean that the court will agree.

I found some stuff on the internet -- opinions like, but nothing firm. I will send you this stuff in a PM.

[mike258]

Well I looked up Fed. R. Bankr. P.1017(e)...this is what I found.



My question is..What Cause has the UST shown? I dont think they have shown any...

[MSbklawyer]

I doubt it will do you any good to object. Such motions are granted liberally; almost as a matter of course. In fact, if you do want to object, do so quickly. Like right now. Our judges grant extensions of time ex parte.

[backtoschool]

Here is a similar situation:

http://www.bkforum.com/showthread.php?t=33335&highlight=jesse

Are you over the median by more than 25%? Is your unsecured debt more than 100k? In these scenarios the US Trustee will do whatever it takes to try to push you into a chapter 13.

[2manybills]

mike258: Log on to Pacer and see if there is a reason for the extension.

Did you have an attorney? I would be interested in knowing their reason for the extension. As you can see from the PM I sent, the court did not grant the extension in that particular case.

[mike258]

Here are the facts of my case:

*Under median at time of filing (by 30% or more)
*$185K+ in unsecured debt
*UST asked for 2 years of cc statements, bank statements, tax returns, etc...2,000 pages worth. I dropped them off a week before his deadline.
*UST did not show up at my 341.
*I haven not heard anything since my 341

He listed no reasons for an extension...just the fact he needed more time to finish his investigation.

I knew from the beginning it would be a fight with the UST. Now I am worried because my income has been restored and my wife is working now, so we are actually over the median income at the moment.

[mike258]

mike258: Log on to Pacer and see if there is a reason for the extension.

Did you have an attorney? I would be interested in knowing their reason for the extension. As you can see from the PM I sent, the court did not grant the extension in that particular case.

The only reason listed in his motion is that he needs more time to complete the investigation. oh and i didnt get any PM's from you...