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[BK ROOKIE]

Trying to make a long story short - We were told by our attorney that we were a "difficult" and "unusual" case. We filed for a Chapter 7 in August. The first 341 scheduled for October 5, was continued to November 2. It was continued again to December 13. At the first 341(Oct.) meeting there was an objection filed by the US Trustee. We provided the additional documentation requested to justify some of the expenses. Our attorney keeps saying that he's afraid they will try to force us into a 13 even though we pass the means test. He says that the US Trustee will most likely object due to "totality of circumstances". Anyway, I look at Pacer today and there was a Trustee's report of no distribution filed with a request by the Trustee to be "discharged from office..". Can the US Trustee still come in and object? Should we still be concerned about being pushed into a 13? Does anyone have any experience or knowledge in this area? Thanks in advance..

BK Rookie

[CATCHMEIFYOUCAN]

I was originally going to file for Ch7 but because I was working 2 full time jobs it was safer being in a 13. The screwey part about the new law is that Median Test, which is throwing everyone off. The Means Test proved I had no disposable income (which many see as "failing," or "passing," or however they see) anywho, its not whether you pass or fail, its just a test to show if you have available funds (disposable income) to pay towards the creditors through a ch13.

Well anyways, even though the means test showed i had negative disposable income, schedules I and J proved different (It proved I could pay back $800 a month). Well going by the "new law," my lawyer proposed I pay back only $250 (as good faith) because the Means Test proved I had no disposable income and was in the negative. The Trustee objected, here's where it baffles the judges. OLD LAW by schedules I and J? or NEW LAW according to Means Test. They don't know. So they go by PROOF (schedules I and J). Well I quit one job and refiled for Ch7. Why spend the next 5 years working my but off paying $800 in a chapter 13 when I can just quit one job for 2 months .. HOPEFULLY get discharged. Than just pick my life back up where I started .. YAHHH know ..

Hope my experienced helped somewhat, Catchmeifyoucan