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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15582
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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In a Chapter 7 case, after the 341 meeting, right before the

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In a Chapter 7 case, after the 341 meeting, right before the orginal deadline for the objection to the debt discharge, the US trustee filed a motion for 120 day extension of the deadline so that he/she can have enough time to do the investigation, and the bankruptcy court granted the motion (based on 11 USC 727). If a significant part of the reasons for the extension in the motion was fabrication or madeup, can the debtor file an objection to the extension granted by the court? Can the debtor file a lawsuit (or something alrong the line) against the US trustee due to the fabrication? What should the debtor do please? Thank you very much!
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.
the debtor can file an objection to the trustees motion and can argue against it in front of the judge, usually the judge grants trustees motions, however if you have evidence, the judge can be swayed.

filing a suit against the trust during the case is not wise, but you can ask for fees from the trustee in your objection
Customer: replied 4 years ago.
Thank you for your response. Are you saying the debtor can argue against the motion even after it has been granted by the court? If the US trustee made some statemnets/claims in the motion as the reasons for extension, does the US trustee have to present his/her evidence to support his/her statements in front of the judge if the debtor requests so even if the debtor does not have evidence? Thanks.
Expert:  WALLSTREETESQ replied 4 years ago.
IF THE MOTION WAS GRANTED AND YOU DID NOT OPPOSE, YOU MAY STILL BE ABLE TO ARGUE BY FILING AN ORDER TO SHOW CAUSE OR OBJECTION, HOWEVER YOUR BIGGEST HURDLE WILL BE THE FACT YOU DID NOT OPPOSE THE TRUSTEES PAPERS WHEN HE FILED.

USUALLY THE TRUSTEE WILL ASK FOR AN EXTENSION TO REVIEW THE CASE, AND SEE IF THEIR ARE ANY ASSETTS HIDDEN, HE HAS TO SUPPORT HIS EXTENSION REQUEST BUT USUALLY NOT MORE THAN A FEW SENTENCES, IT IS USUALLY GRANTED.

IF YOU WERE MADE AWARE OF THE MOTION LATE OR THAT THE NEED FOR A EXPEDITED RESOLUTION COMES UP FILE A MOTION FOR TO THE COURT ASKING FOR THE EXTENSION TO BE STOPPED AND A FAST RESOLUTION, AND GIVE YOUR REASON THROUGH A NEW MOTION, NOT OBJECTION.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15582
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

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