Opinion
BANKRUPTCY CASE NO: 07-21809-NVA.
August 8, 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:.
Maximillian F. Van Orden, Federal Bar No.: 24191, LeViness, Tolzman Hamilton, P.A., Baltimore, Maryland, Attorney for Debtor, Brigid C. Wallace.
PLEASE TAKE NOTICE, that this Stipulation ("Stipulation") is entered into by and between BRIGID C. WALLACE, the debtor in the above-captioned case ("Debtor"), and the UNITED STATES TRUSTEE ("UST"). This Stipulation is made with respect to the following facts:
RECITALS
WHEREAS, On November 23, 2007, Debtor filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq. (the "Bankruptcy Code"). On April 16, 2008, Debtor's case was voluntarily converted to chapter 7 of the Bankruptcy Code.
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 May 27, 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 June 26, 2008 (the "Motion/Declination Deadline").
WHEREAS, According to information provided by Debtor, special circumstances exist which, if properly documented, would rebut the presumption of abuse, including, that Debtor has a medical condition that has resulted in a significant reduction of income since the filing of the petition. Debtor's medical condition, however, has rendered her unable to fully document the condition prior to the Motion/Declination Deadline.
WHEREAS, There are a variety of factors relating to the Debtor's financial affairs and condition that will influence whether the UST files a declination statement or a motion to dismiss in this case and which the UST is still reviewing to make that determination.
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 agree that they will not object to the UST's filing either a Motion to Dismiss or a Declination Statement by no later than JULY 28, 2008. IT IS SO STIPULATED AND AGREED: SO ORDERED.