Case 3:08-bk-30007-JKF Doc 14 Filed 12/24/08 Entered 12/24/08 11:54:05 Desc

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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 FITZGERALD
DEBTOR. :

STIPULATION BETWEEN THE

UNITED STATES TRUSTEE AND THE DEBTOR

COME NOW Donald F. Walton, United States Trustee for Region 21, and the Debtor, by

and through his undersigned attorney, and stipulate and agree to the following:

1. The United States Trustee is reviewing this case pursuant to Bankruptcy Code

sections 704(b) and 707(b).

2. That on November 24, 2008, the United States Trustee filed a statement stating that he

has reviewed all materials filed by the Debtor and is unable to determine whether the Debtor’s

case is presumed to be an abuse under Section 707(b) of the Bankruptcy Code.

3. That the United States Trustee cannot at this time determine whether the filing of a

Motion to Dismiss Pursuant to 11 U.S.C. § 707(b)(2) is appropriate based upon the information

provided by the Debtor.

4. That the Debtor is aware of the requirements of 11 U.S.C. § 704(b)(2).

5. That the Debtor shall not object or raise any issue regarding the filing of a Motion to

Dismiss Pursuant to 11 U.S.C. § 707(b)(2) beyond the thirty day time frame delineated in 11

U.S.C. § 704(b)(2) through and including February 9, 2009.

6. That this is the complete stipulation and agreement of the parties thereto, and there is
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no agreement or stipulation of the parties hereto except as stated herein.

Executed as of the 24th day of December, 2008.

So stipulated by: So stipulated by:

/s David S. Weidenbaum /s Benjamin A. Currence*

David S. Weidenbaum Benjamin A. Currence
Georgia Bar Number 745892 V.I. Bar 115
United States Department of Justice Attorney for Debtor
Office of the United States Trustee 5045 Norre Gade
362 Richard Russell Building Suite 2
75 Spring Street P.O. Box 6143
Atlanta, Georgia 30303 St. Thomas, VI 00804-6143
(404) 331-4437 (340) 775-3434
david.s.weidenbaum@usdoj.gov currence@surfvi.com

*Signed by David S. Weidenbaum, with permission