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704 requirement
I was just served with my first 707 b2 and b3 motion! The only issue is the claimed 401K loan repayment for a voluntary 401K plan. But my question pertains to the requirement under 704 that the UST file a Statement of Presumption of Abuse within 10 days of the first meeting of creditors. They did not. Instead the UST filed that "Unable to determine...." declaration, which means nothing. The cases I have all but one held that this does not meet the 704 requirements. Has anyone dealt with this issue in our district? Specifically, LA? Any cases in our jurisdiction?
Also, the UST is moving for an extension to file a 727 motion in case it loses the 707b motion. Is this allowed? The motion does not state any grounds for extension of time to file the 727 other than the hearing on the 707b motion is after the 60 days after the 341a.
Thanks in advance.
Susana B. Tolchard
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I was just served with my first 707 b2 and b3 motion! The only issue is the claimed 401K loan repayment for a voluntary 401K plan. But my question pertains to the requirement under 704 that the UST file a Statement of Presumption of Abuse within 10 days of the first meeting of creditors. They did not. Instead the UST filed that "Unable to determine...." declaration, which means nothing. The cases I have all but one held that this does not meet the 704 requirements. Has anyone dealt with this issue in our district? Specifically, LA? Any cases in our jurisdiction? Also, the UST is moving for an extension to file a 727 motion in case it loses the 707b motion. Is this allowed? The motion does not state any grounds for extension of time to file the 727 other than the hearing on the 707b motion is after the 60 days after the 341a. Thanks in advance. Susana B.
Tolchard
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