Question RE: 11 U.S.C. § 704(b)(1)

[ValleYum]

RE: 11 U.S.C. § 704(b)(1)

Does the United States trustee have to file with the court before the close of business on the 14th day after the 341 meeting in order to claim that a debtor’s case would be presumed to be an abuse under section 707(b)?

Or can it pop up on Pacer the next day?

Thanks so much for any info regarding this.

[SunshineGal]

I don't know the answer for sure, but I would think the US Trustee would electronically file and it would show right away. Don't stress too hard tonight, I'm sure it will all be fine.

[ValleYum]

Thanks SG!! Other than a toothache, I had a good night.

I called my attorney's office today about another facet of the BK this morning and mentioned to her that I had been nervous about hearing from the UST since we were over median. She said that it anything from their office would have had to have been filed before close of business yesterday (14th day) but that my attorney's office wasn't concerned because Best Case had given me the "green smiley". I have no idea what it means, but I am glad I got it.

Now to wait on creditors for 46-ish days.

[DebtEnder]

Lol, they hold our future in their hands and they rely on a green smiley. Got to love it.

[ValleYum]

Lol, they hold our future in their hands and they rely on a green smiley. Got to love it.

I know... LOL

[SunshineGal]

Yay! Now, try not to stress to hard until day 60...trust me, I know it's easier said than done, you should have seen my pacer bill, lol. But really, at this point "it is what it is" and no matter what happens, you'll not only get through it, but life will still be better than it was before you filed.

[clevelandmom]

LOL ValleYum! I never got the green smiley!! I had the SAD smiley! That's because we never passed the means test. But I made it past the UST even AFTER she filed the Presumption of Abuse - and I'm due for discharge in. . .18 days. I'm SURE you're okay. Hang in there my friend.

[oregonpilot]

MANNNN we've been ALL deprived of that green thingie. oops, wrong color.
VY, its going to be OK
oh Cleveland....18 days.....OOOOO
that last week is so tough. I was wishing i could have been put into a week long sleep. LOL

[clevelandmom]

LOL Oregon! I'm actually really, really, really not worried about it at all. Before we filed, we haven't used, touched, looked at, thought about, glanced at or dreamed of a credit card in well over a year and a half! We filed in November, 2010, and the last time I used one (when I was humiliated to find out I was declined because they lowered my limit) was August of 2009. I can't even begin to imagine where they'd come up with trying to claim I was fraudulent going that far back. Plus, I already have the notice from the US Trustee that a Motion to Dismiss is inappropriate (LOVE that word!) LOL I have never been a huge fan of Valentine's Day, but this year, I AM!! A discharge might even be better than CHOCOLATE!!! (not too sure about that though)

[panda]

Oh my goodness clevelandmom, we are both waiting for the same day. I am actually trying so hard to just not even think, about anything, I feel like we have been in this forever. I wish we did not have any spending for over a year, that would make me feel a lot better, but the attorney feels confident we are fine and time will tell if she is right.

Good luck to us both. I am celebrating valentines day on Feb 15th if everything goes fine on the 14th.

[clevelandmom]

Oh wow Panda - we will be able to celebrate one day apart! Our dates are the same for filing too - but we had our 341 the day before you. The last day for objections for us is 2/11/11 (which is a Friday), which is why we're waiting for Valentine's Day (Monday). Best of luck to BOTH of us!! <clinking glasses>