Close 2008 WL 836160 (D.Kan.)

Statement as to whether Chapter 7 case is presumptively abusive must be filed within ten days of first meeting date.

The "date of the first meeting of creditors," as that phrase is used in a bankruptcy statute requiring the United States Trustee (UST), no later than 10 days after the date of the first meeting of creditors, to file a statement indicating whether the debtor's Chapter 7 case is presumptively abusive, refers to the first meeting date, and not to the date that the meeting of creditors is finally concluded following any continuations or reschedulings by the UST. Thus, where the UST waited more than 10 days after the first meeting date to file her statement, this statement, and her subsequent motion to dismiss based on the presumption of abuse, were both untimely.