Post 341 meeting question....

[mlevesque308]

Just a quick question..........


Is there a deadline post 341 meeting, where the UST can no longer object to the BK? Just wondering if there is a point in time I can stop holding my breath every time I check Pacer........as of today my status reads Day 9- awaiting discharge.

thanks all

[TXskyblue]

The deadline is the 60th day at midnight after your 341.

They can object up to the last minute if they want to. I fretted about that incessantly because I'm over median, but nothing ever happened.

Is there anything particular about your case that has you worrying?

[HHM]

60 days from first scheduled 341 meeting.

However, at any point before that, they can file a Motion to extend time which WILL be granted by the judge.

[mlevesque308]

I'm way over the median, I'm 2x's it......

[mlevesque308]

I saw this post under Floridagail- Presumption of Abuse, where I beleive this was part of the post:

A Statement of Presumption of Abuse has to be filed within 10 days of the 341 Meeting. The U.S. Trustee then has 30 days to either withdraw the statement or file a motion to dismiss for abuse. You really do need to just wait until around 4/22/2013 to see if the UST decides to Motion to Dismiss. It is just a slow process and there is nothing your attorney or you can do to speed this up. I know that you want it over or at least know what is going on, but it's in the hands of the UST and they will ultimately let you know one way or another. In almost every instance where there is a Motion filed for abuse, the UST runs the clock out almost the entire 30 days.

So, I though is this statement was filed by the 10th day, you were pretty much on your way as on over median filer. Perhaps, I'm confusing it with something else.

Thanks.

[mlevesque308]

If the statement was not filed....

[Floridagail]

Hi
They did filed objection on day 60 for my hubby case. Our new attorney said they can file up until day 60. I am keeping my fingers crossed for you to make it thru. No news is good news. Keep us posted.

[mlevesque308]

I read that. But, was a statement filed on the 7-day regarding presumption of abuse? I thought that needed to be done by day 10? I guess that's really the question. Lol. I think I might just stay off pacer lol.

[baker21]

mlevesque308, just wanted to tell you my login isn't sending PMs. I submitted an email for them to check it. Didn't want you to think I'm ignoring you

[TXskyblue]

I'm way over the median, I'm 2x's it......

I was, too, which is why I was worried. Never heard from the UST in my case.

I have high expenses (mortgage and car) that allowed me to pass the means test. My case was pretty straight forward other than the above median income.

There's no way you can no for sure that the UST isn't interested until day 61. Just breathe and wait.

[mlevesque308]

Ok. Thanks. I too have high expenses, I have a mortgage, car payment and I have to pay my ex-husband a significant amout of alimony, so my case is pretty straight forward. Thanks for the advice. I'll just take it day by day.

[Greysky]

60 days. We were over the median but didn't have enough disposable income for a 13. It was close. I checked pacer a lot for the first couple of weeks then I just kind of tried to forget about it until the 60 day mark. At around 68 days it showed as discharged and I took a huge sigh of relief.

[LadyInTheRed]

I read that. But, was a statement filed on the 7-day regarding presumption of abuse? I thought that needed to be done by day 10? I guess that's really the question. Lol. I think I might just stay off pacer lol.

Presumption of abuse is based on your means test and is different than an objection to discharge which would likely be based on your ability to pay your creditors because of income and expenses shown on Schedules I and J.

[anykey]

I am worried about my 341.

[ValleYum]

Oops! I posted in wrong thread - sorry!