Questions in regards to BK timing (day 10)

[nerves]

DH and I had our 341 hearing on 11/23. Today is the 10th day. Is today the last day for the trustee to dismiss or assumption of abuse (assuming nothing else arises later on)? How long does the trustee usually take to determine if they want to convert from 7 to 13? When do they determine if you are an asset case? Thanks in advance to anyone that assists with answering my questions.

[justbroke]

No. Today is the last day for the UST to file a "statement" of presumption of abuse. If the UST files this, s/he then has an additional 30 days to file an actually Motion to Dismiss. Generally speaking, if the UST didn't say anything to you before or at your 341 Meeting, and the 10 days has elapsed, it's usually smooth sailing from there.

The UST does have another statutory period in which s/he can also Motion to Dismiss your case. This is the 60-day period for dischargeability.

[tdawg]

No. Today is the last day for the UST to file a "statement" of presumption of abuse. If the UST files this, s/he then has an additional 30 days to file an actually Motion to Dismiss. Generally speaking, if the UST didn't say anything to you before or at your 341 Meeting, and the 10 days has elapsed, it's usually smooth sailing from there.

The UST does have another statutory period in which s/he can also Motion to Dismiss your case. This is the 60-day period for dischargeability.

Has anyone here had the UST get involved after 10 days after the 341 if they had not been involved before/at the 341?

[justbroke]

Has anyone here had the UST get involved after 10 days after the 341 if they had not been involved before/at the 341?

I'm not sure if anyone here has, but I have read plenty of cases where the UST motioned to Dismiss under 11 USC 707(b)(3)(B) "totality of circumstances". But, again, you will usually know that the UST is interested in your case by the 341 Meeting.

Remember, the 10-day "statement" period is just for abuse based on the Means Test (11 USC 707(b)(1)).

I will say that generally, if you haven't heard from the UST at all before or during your 341 Meeting, then you're probably okay.