McManus BK15

8/14/2019 McManus BK15

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IN THE DISTRICT COURT OF THE VIRGIN ISLANDS

BANKRUPTCY DIVISION

DIVISION OF ST. THOMAS AND ST. JOHN

IN RE: : CHAPTER 7

:

JAMES PATRICK McMANUS, : CASE NO.: 3:08-bk-30007

:

: JUDGE FITZGERALDDEBTOR. :

UNITED STATES TRUSTEE’S SECOND MOTION FOR EXTENSION OF TIME

TO FILE A MOTION TO DISMISS PURSUANT TO 11 U.S.C. § 707

AND AN OBJECTION TO DISCHARGE PURSUANT TO 11 U.S.C. § 727

COMES NOW Donald F. Walton, United States Trustee for Region 21, pursuant to Rules

1017(e) and 4004(b) of the Federal Rules of Bankruptcy Procedure, moves the Court to enter an

order extending the deadlines for filing a motion to dismiss pursuant to section 707 of the

Bankruptcy Code and a complaint objecting to the debtor’s discharge pursuant to section 727 of the

Bankruptcy Code. In support thereof, the United States shows the Court as follows:

1.

The debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code on

August 21, 2008. The meeting of creditors was originally scheduled for September 19, 2008.

2.

The United States Trustee is in the process of reviewing this case to determine whether to

file a motion to dismiss under section 707 or a complaint objecting to discharge under section 727

of the Bankruptcy Code.

3.

On September 18, 2008, the Office of the United States Trustee advised the debtor’s

attorney that this case was being investigated under Bankruptcy Code sections 707 and 727.

Case 3:08-bk-30007-MFW Doc 15 Filed 01/20/09 Entered 01/20/09 16:45:29 DescMain Document Page 1 of 3



4.

The United States Trustee needs additional time to conduct a thorough investigation into the

financial condition, expenses, income, and assets of the debtors.

5.

The United States Trustee requests the deadlines for filing a motion under section 707 and

a complaint under section 727 be extended so that the United States Trustee can complete his review

of this case.

WHEREFORE, the United States Trustee respectfully requests the Court to enter an order

extending the deadlines for filing a motion under section 707 and a complaint under section 727

through and including February 20, 2009.

DONALD F. WALTON

United States Trustee

s/ David S. Weidenbaum

David S. Weidenbaum

Trial Attorney

Georgia Bar No. 745892

United States Department of Justice

Office of the United States Trustee

362 Richard Russell Building

75 Spring Street, SW

Atlanta, Georgia 30303

404-331-4437, ext. 145

[email protected]




CERTIFICATE OF SERVICE

I certify that on, February 20, 2009, I caused a copy of this motion to be served by

first class, United States mail service, with adequate postage to ensure delivery to:

James Patrick McManus

6501 Red Hook Plaza

Suite 201St. Thomas, VI 00802

Benjamin A. Currence

Benjamin A. Currence, P.C.

P.O. Box 6143

St. Thomas, VI 00804-6143

Monica M. Howard

163 Jasmine Road

St. Thomas, VI 00802

s/ David S. WeidenbaumDavid S. Weidenbaum


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McManus BK15