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Pinch me please!

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    Pinch me please!

    For those following my story, the UST filed a statement of presumed abuse in our case. I panicked, felt sorry for myself, cried, threw in the towel... then some very wise members who had gone before me told me not to give up and to press on.

    Despite handing over an enormous stack of paperwork documenting our expenses to the UST, we were told a motion to dismiss would be filed because a one-time bonus would be counted against us as income on the means test. Ours was one of those very poorly timed filings where the means test reflected income we no longer have. Had we waited a few months to file, the presumption of abuse would not have arisen.

    To make a long story short, we offered to allow liquidation of everything we have of value to pay our creditors at least a percentage of what we owe. I know it sounds like a crazy and extreme thing to do, but it eliminates any perception that we are high income filers abusing the system. We were told today that the UST will be filing a declination in our case, which means our Ch. 7 will be allowed to proceed!

    I know we are not out of the woods yet, but the possibility that we might actually get through this and out from under our debt is nothing short of a miracle. It will be traumatic to lose our stuff, but we have been through worse (lost our home and everything in it to a forest fire in 2000).

    Our fingers are crossed that nothing changes, but I think we are now in the 60 day club... 42 days down!

    Thanks to everyone who has helped get us this far. I'm sure I'll have some stories about what it's like to have all your assets liquidated.
    Last edited by Help!; 06-25-2008, 10:23 AM. Reason: .

    #2
    That is awesome to hear!! Congrats!

    So what types of assets will you be liquidating? Are we talking your house/cars, or some other smaller stuff?

    I am so psyched and happy to see that you stuck with it...gives hope to all of us!
    Filed Ch 7 - 07/10/08
    341 Meeting - 08/13/08
    DISCHARGED! - 10/15/08
    CLOSED - 10/20/08

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      #3
      Congrats!! That is awesome news for you!!

      I remember reading what was going on with you and I felt so badly that you were going through this mess. I can't imagine filing, going through a 341 and then not being able to be discharged.

      I'm in day 41, so we're discharge buddies!!
      Filed Chapter 7: 3-22-08
      341 Meeting: 5-15-08 It went great!!!
      Last day for objections: 7-14-08
      Discharged and Closed: 7-21-08

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        #4
        Dear Help!:

        That is AWESOME News!!!

        'Hub and I hope that all works out for you in the end. Something similar to your situation appears to be occurring in our case. Will keep everyone posted.

        Love to you~~~
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          Boy, I anyone ever needed to catch a break, it was you. That is good news!

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            #6
            Very happy to hear that!!! Good Luck. I would bet the trustee wont be interested in everything you have. Let us know how it progresses. Dragonnfly
            Filed Ch 7 - 04/08/2008 - Done
            341 continued 06/30/2008
            Last day for objections - 08/01/2008
            Discharged 08/13/2008

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              #7
              OMG - that is wonderful news!!!! I am so happy for you. Huge huge congrats.
              Filed Chapter 7 Pro-Se May 29, 2008
              341 July 1, 2008
              Discharged September 4, 2008
              Closed November 10, 2008 :-)

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                #8
                This must be a great day for you after all this stress!! I will be keeping my fingers crossed that it all works out. You seem like such a fantastic person and my gut feeling is that everything is going to go good from here on out!!!
                5/29 Filed 7~ 341-on 6/24
                8/27-DISCHARGED
                11/2 - CLOSED
                EQ-604 EX-605 TU-560 ~4.5 months after discharge

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                  #9
                  Never give up! Never surrender!

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                    #10
                    Yahooooooooooooooooo..........you play better poker than they do!

                    I am very sincerely happy for you.

                    ep
                    California Bankruptcy Central

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                      #11
                      Congrats, Help!! Couldn't be happier for you! Thanks for sharing your good news!
                      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                      06/01/06 - Filed Ch 13
                      06/28/06 - 341 Meeting
                      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                      10/05/06 - Hearing to resolve 2 trustee objections
                      01/24/07 - Judge dismisses mortgage company objection
                      09/27/07 - Confirmed at last!
                      06/10/11 - Trustee confirms all payments made
                      08/10/11 - DISCHARGED !

                      10/02/11 - CASE CLOSED
                      Countdown: 60 months paid, 0 months to go

                      Comment


                        #12
                        Congrats and Good Luck
                        May 31st, 2007: Petition Filed by my lawyer
                        July 2nd, 2007: 341 Meeting Held
                        September 4th, 2007: Discharged and Closed.

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                          #13
                          Yeah you guys were really put through the proverbial wringer, congratulations and good luck in the future.
                          The future is unwritten. J.S.

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                            #14
                            “Help’ I am proud to say I was one of those to tell you to ‘rock on’. I remember your downer post. Why did I say that? Because YOU helped me so much. We were very despondent and you, Cali, and many others piped in and gave us reason to hang in there. We have other more serious problems, but the Fate’s are helping us along and we have not heard at all from a UST, yet. Ms. ‘Cat and I are very pleased for you as I saw your worry, but you always attempted to bolster others. You see, you get back what you give. I thank YOU for your aid. Now you are being rewarded by your good works. ‘Hub
                            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                            Comment


                              #15
                              Originally posted by laurannm View Post
                              That is awesome to hear!! Congrats!

                              So what types of assets will you be liquidating? Are we talking your house/cars, or some other smaller stuff?

                              I am so psyched and happy to see that you stuck with it...gives hope to all of us!
                              Thanks! The additional assets we're surrendering are two cars we owned outright (bought with 401K money based on attorney's advice... grrr), the money in our checking account and our economic stimulus check. We offered what we have in our house, but the Trustee decided not to take anything more. We are really lucky (or unlucky, depending how you view our situation).

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