Opinion
BANKRUPTCY CASE NO: 08-20176.
November 10, 2008
Hugh M. Bernstein Federal Bar No.: 23489 Office of the United States Trustee Baltimore, Maryland, Attorney for W. Clarkson McDow, Jr., U.S. Trustee for Region Four.
Robert N. Grossbart Federal Bar No.: 04116 Grossbart, Portney Rosenberg, P.A. Baltimore, Maryland, Attorney for the Debtor.
STIPULATION AND AGREEMENT EXTENDING THE UNITED STATES TRUSTEE'S DEADLINE TO FILE MOTION OR STATEMENT PURSUANT TO § 704(b)(2)
PLEASE TAKE NOTICE, that this Stipulation ("Stipulation") is entered into by and between Margaret Counts, the debtor in the above-captioned case ("Debtor"), and the United States Trustee (the "UST"). This Stipulation is made with respect to the following facts:
RECITALS
WHEREAS, On August 8, 2008, Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq. (the "Bankruptcy Code")
WHEREAS, The Chapter 7 trustee conducted a meeting of creditors pursuant to section 341 of the Bankruptcy Code on September 17, 2008. WHEREAS, Section 704(b)(1) of the Bankruptcy Code requires the UST to "review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor's case would be presumed to be an abuse under section 707(b) . . ." The UST filed a statement pursuant to § 704(b)(1) (the "10 Day Statement") on September 26, 2008, indicating he had determined that the presumption of abuse arose under § 707(b) of the Bankruptcy Code (the "Presumption of Abuse").
WHEREAS, Pursuant to § 704(b)(2) of the Bankruptcy Code, within 30 days of the filing of the 10 Day Statement, the UST must file either a motion to dismiss ("Motion to Dismiss") or a statement setting forth the reasons the UST declines to file such motion ("Declination Statement"). The deadline to file a Motion to Dismiss or a Declination Statement in this case is October 27, 2008 (the "Motion/Declination Deadline").
WHEREAS, since the filing of the 10 Day Statement, Debtor has provided the UST with additional information relevant to the determination of whether to file a Motion to Dismiss or a Declination Statements and is in the process of gathering and providing further additional information.
STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to Bankruptcy Court approval, by and among the UST and the Debtor that: Notwithstanding the requirement in § 704(b)(2) that the UST file a Motion to Dismiss or a Declination Statement by the Motion/Declination Deadline, the Debtor hereby stipulates and agrees that she will not object, on the grounds of timeliness, to the UST's filing either a Motion to Dismiss or a Declination Statement by no later than November 26, 2008. IT IS SO STIPULATED AND AGREED: SO ORDERED
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-1 User: mmaloneyr Date Created: 11/10/2008 Case: 08-20176 Form ID: pdfall Total: 3 aty Robert 1Grossbart robert@grossbartlaw.com TOTAL: 1 db Margaret E Counts 2140 Kyle Green Rd Abingdon, MD 21009 Hugh M. Bernstein c/o Office of the United States Trustee 101 W. Lombard Street, Suite 2625 Baltimore, Maryland 21201 TOTAL: 2