Books and Journals XI. Procedural Aspects and Deadlines

XI. Procedural Aspects and Deadlines

Document Cited Authorities (14) Cited in Related

XI. PROCEDURAL ASPECTS AND DEADLINES

Motions to dismiss for abuse are governed by strict deadlines. 11 U.S.C. § 704(b)(1)(A) requires the bankruptcy administrator to review the materials submitted by the debtor and, within 10 days of the first meeting of creditors, "file with the court a statement as to whether the debtor's case should be presumed to be an abuse under Section 707(b)." Some courts have found that the 10-day limit runs from the date first set for the meeting of creditors, while other courts have found the deadline to run from the conclusion of the 341 meeting. The 10-day limit runs from the date first set for the meeting of creditors. See In re Close, 384 B.R. 856 (D. Kan. 2008) (10-day limit runs from date of first setting); In re Ansar, 383 B.R 344 (Bankr. D. Minn. 2008). But see In re Molitor, 395 B.R. 197 (Bankr. S.D. Ga. 2008) (10-day limit runs from conclusion of...

Experience vLex's unparalleled legal AI

Access millions of documents and let Vincent AI power your research, drafting, and document analysis — all in one platform.

Start a free trial

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex