10 days after 341 - Insufficient Information Necessary to Make Presumption of Abuse

[kphipps34]

Wow still going through this nightmare. My lawyer filed objections to dismiss. And this:

A Statement of No Determination does not satisfy the 10 day limitation of Section
704(b)(1)(A). (In re Ansar, 383 B.R. 344, 347 (Bankr. D. Minn. 2008) (Chapter 7); In re
Perotta, 378 B.R. 434, 438 (Bankr. D.N.H. 2007 (Chapter 7); In re Robertson, 370 B.R. 804
(Bankr. D. Minn. 2007)(Chapter 7).
12.
The United States Trustee’s failure to satisfy the 10 day rule bars a Motion To Dismiss
under Section 707(b)(2). (In re Draisey, 395 B.R. 79 (BAP 8th Cir. 2008) (Chapter 7); In re
Perotta, 378 B.R. 434, 438 (Bankr. D.N.H. 2007) ( Chapter 7); In re Robertson, 370 B.R. 804
(Bankr. D. Minn. 2007) (Chapter 7).
13.
The United States Trustee did not file the required statement as to whether the Debtor’s
case would be presumed to be an abuse under section 707(b) within the required time.
WHEREFORE, the Debtor respectfully requests that the United States Trustee’s Motion To
Dismiss be dismissed

[IamOld]

Sounds like your lawyer is on the ball!!!!!!!!! BEST OF GOOD LUCK!!!!!!

(do you know why the "abuse" was filed?)

[kphipps34]

Abuse was filed because I'm a higher income and the trustee is questioning that my sister lives with me and ibpay her to take care of my parents who live with me

[justbroke]

A Statement of No Determination does not satisfy the 10 day limitation of Section
704(b)(1)(A). (In re Ansar, 383 B.R. 344, 347 (Bankr. D. Minn. 2008) (Chapter 7); In re
Perotta, 378 B.R. 434, 438 (Bankr. D.N.H. 2007 (Chapter 7); In re Robertson, 370 B.R. 804
(Bankr. D. Minn. 2007)(Chapter 7).

This is exctly the strategy that I pointed to earlier. The UST has no grounds for "this' type of dismissal.

The United States Trustee did not file the required statement as to whether the Debtor’s
case would be presumed to be an abuse under section 707(b) within the required time. WHEREFORE, the Debtor respectfully requests that the United States Trustee’s Motion To Dismiss be dismissed

This is good, but remember that the UST's trump card is the 707(b)(3) Totality of Circumstances dismissal. Your attorney played this exactly as I would have... challenge the motion under 707(b)(2).

[kphipps34]

The lawyer also put in the objection a cost comparison between me paying my sister to take care of my parents or putting them in a nursing home. That is the big objection the trustee has is that my sister doesn't work.