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Case 3:08-bk-30007-MFW Doc 15 Filed 01/20/09 Entered 01/20/09 16:45:29 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. :

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 Desc
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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
thomas.w.dworschak@usdoj.gov

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Case 3:08-bk-30007-MFW Doc 15 Filed 01/20/09 Entered 01/20/09 16:45:29 Desc
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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 201
St. 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. Weidenbaum
David S. Weidenbaum