Just found this on PACER, filed today. Does this mean what I think it does?
UNITED STATES TRUSTEE’S STATEMENT FILED PURSUANT TO 11 U.S.C. §704(b)(2)
United States Trustee for Region 21 (the “United States Trustee”),
through the undersigned counsel, files this statement in accordance with 11 U.S.C. §704(b)(2), setting forth the reasons he does not consider a motion to dismiss this case under section 707(b)(2) to be appropriate.
<snip>
Based on the Court’s legal conclusion on this issue, the United States Trustee will not file a motion to dismiss this case based on the presumption of abuse. WHEREFORE, for the foregoing reasons, the United States Trustee does not consider a motion to dismiss under section 707(b)(2) to be appropriate in this case.
My attorney says this means we are out of the woods, that this reflects the flexibility of the UST in our district, and we can be discharged/closed any time after our bar date. I'm a little hesitant. The bar date is 3 weeks away...could the UST change his mind before then? Could it be dismissed/converted under different code sections? Or is it time to breathe a huge sigh of relief?
UNITED STATES TRUSTEE’S STATEMENT FILED PURSUANT TO 11 U.S.C. §704(b)(2)
United States Trustee for Region 21 (the “United States Trustee”),
through the undersigned counsel, files this statement in accordance with 11 U.S.C. §704(b)(2), setting forth the reasons he does not consider a motion to dismiss this case under section 707(b)(2) to be appropriate.
<snip>
Based on the Court’s legal conclusion on this issue, the United States Trustee will not file a motion to dismiss this case based on the presumption of abuse. WHEREFORE, for the foregoing reasons, the United States Trustee does not consider a motion to dismiss under section 707(b)(2) to be appropriate in this case.
My attorney says this means we are out of the woods, that this reflects the flexibility of the UST in our district, and we can be discharged/closed any time after our bar date. I'm a little hesitant. The bar date is 3 weeks away...could the UST change his mind before then? Could it be dismissed/converted under different code sections? Or is it time to breathe a huge sigh of relief?
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