Omg!!!!!!!!!! I am totally sickened by this!!!!!!!!!!!

[paintinrosesred]

I'm so sorry this is happening. I think HELP has given you some great advice. Put your energy towards proving you deserve a discharge and it will work out!
Let us know what specifically the UST is disputing.
Big hug!

[Tbornetun]

Just a note, if it wasn't on PACER then chances are that your attorney's office didn't learn of this until you did. In our district, we don't find anything out from the court or anything that has been filed until it is posted on PACER and then an auto email goes out to us.

We have a couple cases currently that have been in limbo with the trustee for 6 months. They are busy and overwhelmed with the increase in BK cases and may not have had time to look at all of your documentation yet. Yes, even if it was sent a couple months back.

Your attorney's paralegal stating that you have to bend to every whim is pretty much the way it is. In the world of bankruptcy, trustees are the rulers.

Hang in there, it may not be as bad as you think. Just because they were granted 90 days extention does not mean that they will use all of that time.

It is a good sign that your trustee is objecting to the US Trustee's motion.

[JRScott]

Don't give up Jesse, stay in there and keep your head strong.

Things will get better once you pass this hurdle.

[jessegirl]

I'm confused. Did the UST actually file a statement of presumed abuse? If so, when? And when did the case trustee file a motion to strike (vacate?) the UST's statement of presumed abuse? Are you an asset case presently? Sorry so many questions - can't keep up on all the details of different posters, but I want to try to make sense of why the case trustee would make such a bold move.

The UST filed a state of presumed abuse 2 weeks after we filed. They asked for a bunch of stuff. We gave them almost everything they requested, some were impossible like 2 years of cc statements.

The trustee at our 341 hearing file a motion right after the 341 to dismiss that motion that the UST put into effect. She said she didn't see any abuse. So we figured ok all done.

We are not an asset case.

[jessegirl]

To answer your question, the UST would be looking for anything that could be construed as abuse - e.g., a $600 charge at Nordstrom a month before filing. If you used the accounts for necessary living expenses, you have nothing to worry about. If the UST requested documents and they weren't provided, it's their job to look deeper to make sure nothing is being hidden.

We really didn't use our cards for about 6 months before filing and even then it was just clothes etc. Nothing big at all.

[jessegirl]

I was so damned angry that Mrs. read what I was about to send and forbade me from doing so. I guess I found out who wheres the pants in this family (or panties if you wish).

However, she was right in this case as we both feel pretty bad about your situation. I have a gut feeling it is proceedural and not as bad as you think.

We had to wait 90 also, and we of all cases, should have been dismissed for all our errors. We lucked out. Love to you and we shall pray a big one for you tonight. GBWY 'Hub

Oh thanks hub, its really nice of you and the Mrs.! I am waiting on a response from my attorney. They will call me back.

[jessegirl]

Thanks to everyone. All of you are so helpful. I am glad that I have a huge shoulder to cry on. THANKS!!!!!!!

As soon as i here something i will post....

[welovedis]

Just wanted to say that I'm praying for you & your family and hope your attorney's office will work with you to get things settled as quickly as possible.

It is very difficult to get CC statements from the companies after you file. In our case, the UST asked for 3 years of all CC statements, I could find every single one but 1 of them from about 18 months ago. They have subpoenaed the CC company for it since they will not hand it over. The killer is that the balance only changed by the amt I paid (and have my bank statement to show my payment), less the interest charged so I have no idea why the UST is bothering to do it. Seems like they would have bigger fish to fry (this particular CC is $3K).

Again, wishing you luck and some peace thru all the craziness!

[Help!]

The UST filed a state of presumed abuse 2 weeks after we filed. They asked for a bunch of stuff. We gave them almost everything they requested, some were impossible like 2 years of cc statements.

The trustee at our 341 hearing file a motion right after the 341 to dismiss that motion that the UST put into effect. She said she didn't see any abuse. So we figured ok all done.

We are not an asset case.

This makes more sense, and the fact that the statement of presumed abuse was filed is a good thing, in a way. That indicates to me that the UST isn't looking for fraud but feels there's a possibility that you could repay some part of the debt or that there's a possibility that assets might be available. The UST doesn't just suddenly appear near the objection deadline unless they suspect fraud or there's a creditor objection that catches their interest.

With that said, it was irresponsible (if not negligent) of your attorney to ship off whatever documentation you had without following up on the credit card statements. It is obvious to me that there is no way you would be discharged without providing absolutely everything the UST asked for, and he should not have let you assume that you were on your way to being discharged.

Now hopefully it's just a matter of the UST getting the statements, reviewing them and then filing a declination or statement of no abuse. It could be a while, but if your attorney can stay on top of things and keep you updated it will be a lot less stressful.

[B65]

this does make more sense

I Hope this is the case for jessegirl and it gets resolved quickly!!
Help you are so full of great advice, I feel I have been missled a little by my attorney and when you said the UST could pop in late if a creditor objection catches his eye... I had a foreign card with 0 balance, and my attorney failed to explain to me to close a checking account who i had a cc with so they took all my money,just before i filed out of my account...I decided to use this foreign card so i could pay my bills food etc etc... and did not want to discharge it as I used it knowing I was going to file, the attorney listed it and he also said not to pay and see if we could discharge it.... I would have preferred to continue to pay it.... I am so worried now they will object and it will threaten my whole discharge.... it is for around $3500.... of course if they object then the attorney will want money to reaffirm or negotaite a deal with them.... I am now wishing I had kept paying them a small amount per month and just paid it .... if I sent them small amounts now is that still preferntial treatment before discharge as i do not feel right discharging it and i am worried about an objection from them, which in my mind they have a right to do....

B

[B65]

ps

i have sent the notification to this foreign card 2 x once by certified and they keep sending me bills asking for payment even if they object, they have broken the law as well right?

[Help!]

i have sent the notification to this foreign card 2 x once by certified and they keep sending me bills asking for payment even if they object, they have broken the law as well right?

Interesting question and one that probably few BK attorneys would be able to answer. I have no idea if violation of automatic stay would apply to a foreign bank and what the dischargeability of debt with a foreign bank would be. If it's a small foreign bank, it would seem unlikely to me that an objection would be worth the cost to them - unless they have resources in the U.S.

[jessegirl]

Well my attorney called back and said that the UST called them and told them that he needed more time to go over the paperwork. My attorney said that the UST just said that he needed more time to go thru the additional information that he requested. He sid that he did not ask for anything else, so that was a good sign. My attorney also said that when you have over 100K in cc debt that you usually get audited by the UST. He told the UST that the charges were basically us living high on the hog until we hit a brick wall. He said that the UST was very nice guy and easy to talk to. He said to just wait it out now and usually they do not use up all the extended time they requested. So now i will wait with this know in my stomach. This sucks.

[FloridaGuy]

Just hang on there!

jessegirl, just hang in there. Sounds like it will work out. He's probably just way backed up due to all the filings. At this point I haven't had to deal with the UST, but our normal trustee has caused a bunch of grief to date. I'm almost sure she'll try to delay our discharge which should be in about 20 days.

[jessegirl]

jessegirl, just hang in there. Sounds like it will work out. He's probably just way backed up due to all the filings. At this point I haven't had to deal with the UST, but our normal trustee has caused a bunch of grief to date. I'm almost sure she'll try to delay our discharge which should be in about 20 days.

Thanks.
I hope everything works out for you. I am sorry that your trustee is causing you problems. It sucks.