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Presumed Abuse Statement from the BA

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    Presumed Abuse Statement from the BA

    Hello All,

    I haven been on here in a while because things were going rather smooth... We filed on May 14th and had our 341 hearing on June 9th.. no issues there. The US trustee asked a few quick questions and we were out in 5 minutes
    Our attorney called on June 10th and asked us more questions that she received from the "BA" bankruptcy administrator. The BA wanted to know:
    1) About my spouses part-time job.. very few hours 5-15 hours per month.
    2) Why we felt the need the file bankruptcy? What got us in this situation?
    3) When was the last time we used our credit cards? and for what?
    4) Copy of our 2006 taxes and last three paystubs before filing.. ( Our attorney already had this)

    Has anyone ever had problems with the "BA"? All this time I was so concerned about the Trustee... I was not even concerned about the BA office.
    The bankruptcy administrator has asked for an extension of 30 days to review the new material regarding debts and expenses.
    What is the difference between the BA and the US Trustee?

    AHHHHH... I can just scream.

    #2
    I don't know the difference, could be the same . Hopefully someone will come by that knows more
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Thanks..

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        #4
        U.S. Trustees When a bankruptcy case is filed, the United States trustee assigns an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. The trustee monitors the conduct of bankruptcy parties and private estate trustees, oversees related administrative functions, and acts to ensure compliance with applicable laws and procedures. The U.S.


        This was the best information I could find about them... are you located in one of those areas?
        Filed 6/10/08

        341 meeting July 14th - all went well!

        Comment


          #5
          Yes, I am in North Carolina. Thanks for the link. I am wondering if they can do the same as the trustee.

          Comment


            #6
            same situation

            Hi deadbrokeinnc,

            I was reading your posts and threads and found that we have the same exact situation. I was wondering what happened to your case? Did you answer the bankruptcy administrator regarding his questions? Were you able to get a discharge in ch 7? Please can you give me some info and hope you reply back. Thanks

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              #7
              Issues like these have been raised before. The BA appears to be the same as the US Trustee in other districts. You have no alternative but to comply with their requests. Don't risk dismissal!
              Filed Chapter 7 08/06/09, unsecured debt of $109,000
              341 Meeting 09/09/09
              Discharged 11/12/09
              Closed 12/14/09

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                #8
                I recently filed in NC and had my 341 and yes the BA in NC is the same as the UST, just called by a different name.

                The questions the person was asked about above were almost the same I was asked by someone at my 341 who was there for the BA. I was asked a few additional questions as well. A week or so latter I got a statement saying the BA looked at my case and there was no presumption of abuse. I am not sure what happened with the person above but it looks like they might have got the auto audit.

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