In re Molitor
Sep
05
2008
Ruling
Trustee's last minute request for extension of time to file additional motion to dismiss denied.
Procedural posture
The United States Trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy petition, based upon the presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3). The Trustee filed a motion for extension of time to file a motion to dismiss pursuant to Interim Fed. R. Bankr. P. 1017(e)(1) and 4004(a) regarding potential 11 U.S.C.S. §§ 707(b) and 727 claims.
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Court
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