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Over the median ch 7.......

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    #46
    I did not see a UST at the 341. My attorney said that he had already gone over some things with the UST. My reaction was "Why didn't I know about this?" He said "I handled it. That's what you paid me for." I'm just guessing that this was the UST review of my case, but I'm not 100% sure? My attorney quit shortly after that, but my new one says I don't need to worry about a 13 now (I'm not sure if he knows anything about my specific case or that my case was borderline.) But, I'm 120+ days post filing, so I think the odds are slim that I'll be converted (knock on wood.) Some fellow board members have agreed with this also.
    My questions at the 341 were very standard. So mundane that I can barely remember them...
    things like:
    Have you received a raise recently?
    Do you agree with the numbers on these forms?
    Do you have any assets not listed here?
    Then he'll/she'll say "I have no further questions at this time." He told my attorney that he would be putting in a tax refund order and that was about it. 5 minutes max.
    Generally, really boring things. I might have memory loss because I was so nervous.
    As long as you aren't hiding anything or appear to be hiding anything, there's nothing to worry about.
    Of course, I don't really have anything right now. No real assets to protect. I'm not a homeowner (another story, but a big part of the reason I'm here was buying too much house.) A couple of cars (early '00's) and really nothing else of any value. I do make a pretty decent income though, so fortunately as of right now, I'm not in dire straits. I thought it would be ridiculous for me to file a 13 when I don't even want to protect anything, but the 2005 law could force me into this anyway.


    On the flip side, the couple before us was grilled for about 1/2 hour. UNREAL! They had all kinds of things going on, like land transfers the day before the 341 and a profitable business with the assets not included in the filing. The trustee reamed the attorney for not having the paperwork and facts straight. The trustee was po'ed. It seemed pretty shady, but the people, IMHO, really did look down and out. I know you shouldn't judge a book by it's cover, but sometimes you can just tell by the look on someone's face how things are going in their life...
    Good luck to all of us.
    Lefty
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    Comment


      #47
      My attorney had this great tone in his voice when I asked him if my specific trustee was a good one to get. I could tell he was trying to refrain himself, but he had said several times pray you dont get a female trustee. I guess theres one women here thats a pain in the behind. He said he had a good working realtionship with my trustee and works with him often. That was hurdle 1, getting the right trustee. Hopefully my 341 will be as uneventful as yours. Thanks and good luck. Dragonnfly
      Filed Ch 7 - 04/08/2008 - Done
      341 continued 06/30/2008
      Last day for objections - 08/01/2008
      Discharged 08/13/2008

      Comment


        #48
        Hey leftyf,

        I know I have asked this several times on this board, but did you use your taxes withheld or actual taxes on the means test? Our attorney is insisting we can use taxes withheld, but I recently found a case on Pacer in which the UST corrected the means test for the debtor because they were using taxes withheld (and thus filed presumption of abuse).

        But then I also saw another case that was discharged in which the above-median debtor used taxes withheld and they were discharged (the attorney in this case was our attorney).
        Filed Ch 7 - 07/10/08
        341 Meeting - 08/13/08
        DISCHARGED! - 10/15/08
        CLOSED - 10/20/08

        Comment


          #49
          What is the means test, where can I find

          out how it applies to me?
          Thanks
          Discharge date: October 2017 (will it ever get here?)

          Comment


            #50
            dmc, I used an estimate of my actual taxes. My withholdings were strange since I changed them several times during the year and received a bonus. I didn't do a good job though since I ended up handing $4K+ of refund over to the trustee. Keep that in mind and try to get your refund down around $0. I don't think I get any extra credit for actually handing some cash over to the creditors.
            Here is the estimator:
            Use our free tax tools and calculators to help save you money or estimate your tax refund with TaxCaster, the Tax Bracket Calculator, and W-4 Withholding Calculator.
            Filed Ch 7 - January 29th, 2008
            341 - February 29th, 2008
            Discharge - June 20th, 2008
            Closed - October, 2008

            Comment


              #51
              OK my own little countdown here. I am at 3 business days until our 341. I really dont think we will hear anything fro the trustee until after the 341. Hoping to not hear anything at all. Monday, June 2nd, 1pm, be thinkin about us. Please.

              My husband and sister call me a major optimist but I have actually found a bright side to the gas prices. I truly believe part of the reason we aren't getting any stink yet about our over the median 7 is the higher gas prices. When is the last time they adjusted the federal limit for gas for the means test and was gas $4.05 then?? How can they really expect you to get to work on the limits they give you. I had a very depressing day last jan where I almost called in sick. Thrusday before pay day and no gas in my car. Sad. I ended up driving my daughters car and replaced the gas the next day. Yes I know I can find the bright side to a tornado. Been told one that before. Dragonnfly
              Filed Ch 7 - 04/08/2008 - Done
              341 continued 06/30/2008
              Last day for objections - 08/01/2008
              Discharged 08/13/2008

              Comment


                #52
                Good luck Dragonfly...hoping everything goes smooth
                Filed Ch 7 - 07/10/08
                341 Meeting - 08/13/08
                DISCHARGED! - 10/15/08
                CLOSED - 10/20/08

                Comment


                  #53
                  good luck and definitely let us know.
                  Filed Ch 7: 12-31-08 in IL (Equifax) 469
                  341: 2-13-09 --- Held and Concluded 538
                  Discharge: 4-15-09 - 601 NOW
                  I came, I went, I saw, I was discharged. Thank god for this board.

                  Comment


                    #54
                    Dragonfly, I will send you good vibes. Good luck!!

                    Comment


                      #55
                      All of my fellow over the medianers who wanted to know how our 341 went go here http://www.bkforum.com/showthread.php?t=24931 I was going to copy and paste it. I promised I would let alot of you on this thread know how it came out. Im too tired to copy and paste. Im going to bed. Dragonnfly
                      Filed Ch 7 - 04/08/2008 - Done
                      341 continued 06/30/2008
                      Last day for objections - 08/01/2008
                      Discharged 08/13/2008

                      Comment


                        #56
                        We werre way over means test......over 120,000 a year, but based on our mortgage and bills, we qualified.
                        blush2:

                        Comment

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