I had my 341 on Tuesday, December 22nd. 10 days after the 22nd is Friday, January 1st. So, when is the last day that the us trustee can file an objection for a presumption of abuse? Is it Thursday, December 31 or Friday, January 1 or Monday, January 4?
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How is 10 days after 341 calculated?
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If the due date falls on a holiday, weekend, or date when the U.S. Bankruptcy Court is otherwise closed for business, then it falls on the next "Court" day. So, the last day for the Trustee to file a "Statement of Presumption of Abuse" for your case, the due date would be Monday, January 4, 2010. If the Trustee files his "statement" of the presumption of abuse, he then has 30 days to either withdraw his statement or to file a motion to dismiss for abuse.
The Trustee has until 60 days following your 341 Meeting (held 12/22/2009) to file a motion to dismiss for bad faith or totality of circumstances.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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