SOMEONE - HELP what am i going to do??

[jessegirl]

If the UST is trying to convert to a chapter 13 or dismiss for any other reason..... ie failure to keep books and things like that (not sure of the reasons) he has to go the route you just stated, I.e File presumbed abuse and he has only until 10 days after 341 at the latest, then his intentions within 30 days after that. Well jessegirls did not go that route so the only other option he can do anything is Fraud? within the 60 days, even to file for an extension on day 59 it would have to be fraud..? can he do it for any other reason.. I would think he would have to have a pretty good case on Fraud, and that's not the case... wow this boggles my mind...... Maybe it;s because he does not have the 2 years credit card statements so he can say she racked them up in a short period of time and she has no proof... so because she failed to provide the documentation he can say that???

Wonder if it worth JesseGirl calling the cards and asking them for the 2 years he wanted to prove it?


hope she gets some answers and soon.

Hey B - The credit cards won't even talk to me at all. I never thought that I would be in the position 2 years prior. Otherwise, I would of had to plan what I was doing and never did I think it would come to this. I always paid my cc's and then when i seen my payment credited on the next statement, i would discard the prior statement. I have alot of debt aout 190K. But believe me I have absolutely nothing to show for it. We never purchased anything luxury. It sucks, cause i didn't do anything wrong.

[B65]

what i do not understand is

from what HELP says, the UST did not do it the legal way as from what I can see after his filing of abuse he did not act in 30 days.... so what gives??
(shaking my head in confusion)

[B65]

[B65]

so the only thing I

can make out of that is....... by you delaying in providing the crddit card statements... any one else have any insight??

[B65]

[jessegirl]

So do you think its because of the 2 years of cc statements?? But, i couldn't provide the 2 years. How can they hold that against me? Not everyone keeps all that and its not required by law that everyone keeps it, so how can they hold that against me. If its bothering them that much, why dont they just supenoa the cc companies to send them copies of 2 years worth. What am i going to do? ANd do you think that they did something illegal by going beyond the 30 days?

[dingdong]

Can you somehow provide authorization for the UST to access your CC records from the CC company, something like a limited power of attorney for the sole purpose of obtaining the CC statements. Couldn't the UST subpeona the CC company for the records? If that is the only thing holding you up, if you offered the UST access to only those records, wouldn't that suffice the UST requirement?

Seems like the CC company would have to bend to the UST.

[welovedis]

HUGS jessegirl-this sucks!

The UST CAN subpoena to obtain your CC statements, they have done so for my case. We were missing ONE CC statement from a while ago and even though the statement before shows the balance, the statement after shows the balance (and it didn't change except for my payment and the finance charges) they are still going thru the hassle of getting it.

They have subpoenaed Chase to get ours--hope they enjoy the waste of time getting what we already told them.

Anyway, I swear your UST must have been friends with mine back in Trustee school, j/k!

Wishing you the best of luck!

[B65]

jessegirl

I have no idea, I have read through everything and it is the only thing i can come up with (I am no expert) I hope someone else chimes in... But I think I would be asking your lawyer, does he not have 30 days after he filed the presumption of abuse to file a conversion/extension? why was it on day 59.. and see what he says??

This is crazy!

[jessegirl]

I have no idea, I have read through everything and it is the only thing i can come up with (I am no expert) I hope someone else chimes in... But I think I would be asking your lawyer, does he not have 30 days after he filed the presumption of abuse to file a conversion/extension? why was it on day 59.. and see what he says??

This is crazy!

I was think that the wholt thing is being extended cause of the cc statements. WHn I called the attorney about this on the last day of objections he tells me that he spoke to the UST that day, he the UST did not ask for anything else. He jsut says he needs more time. My attorney tells me he will just leave him alone and i will have to wait until the UST is done. Yeah, easy for him to say that, its not his life.

I mean why would the UST first file an assumption of abuse ask for information and then ask for an extension, put in the legal paperwork a motion to dismiss and then not tell my attorney about that and just say he needs more time.

Don't the trustees realize this is my life and by doing what they are doing is just wrong? Or they just don' give a shit. I hope there a special place for people like that when there time comes. Like maybe there a line for Trustees and all the BK people that they dismiss or audited on auditing that line and you say well i am not sure if you should go to heaven or hell, so we will just leave you in limbo... for ohhhhh say,,,,,, 90 days, but we will not talk or tell you anything between then....LOl i am just getting carried away. Sry.

[jessegirl]

HUGS jessegirl-this sucks!

The UST CAN subpoena to obtain your CC statements, they have done so for my case. We were missing ONE CC statement from a while ago and even though the statement before shows the balance, the statement after shows the balance (and it didn't change except for my payment and the finance charges) they are still going thru the hassle of getting it.

They have subpoenaed Chase to get ours--hope they enjoy the waste of time getting what we already told them.

Anyway, I swear your UST must have been friends with mine back in Trustee school, j/k!

Wishing you the best of luck!

Yeah, they must of went to the school for bad boys... LOL..

How is your case going?

[welovedis]

Yeah, they must of went to the school for bad boys... LOL..

How is your case going?

No news is good news I guess. I have a call into my attorney to see if he can explain whether the UST has 10 days from my original 341 to file presumption of abuse or 10 days from the continued date. If it is the former, then they can't file that at this point. We'll see what he says.

[Help!]

The EXTOBDIS flag = extension of deadline for objections to discharge. MEANSNO = no presumed abuse. Was the MEANSNO flag previously MEANSYES? If so, it means the case trustee was successful in striking the UST statement of presumed abuse. This makes more sense to me because if the UST statement of presumed abuse was removed, there would be no 30 day follow-up motion to dismiss/convert or a declination.

[B65]

so if there

was no 30 day follow up because he took the presumbed abuse off...... he can then just come in at any stage to motion to dismiss? and if so why?

[Help!]

from what HELP says, the UST did not do it the legal way as from what I can see after his filing of abuse he did not act in 30 days.... so what gives??
(shaking my head in confusion)

Sounds to me as though the statement of presumed abuse became inactive since there's a MEANSNO flag (MEANSNO = no presumed abuse). Not being able to see what has been filed and when, my best guess is that Jessegirl... you are on your way to discharge but the UST wants to go through the statements first. If the presumed abuse statement was striken, the UST would not have been required by law to file a follow-up motion/statement within 30 days. This also explains your attorney's unwillingness to contact the UST at this point... the ball is in the UST's court if there's no active statement of presumed abuse.

The UST can file for an extension of the objection deadline to ensure there is no evidence of fraud. The UST had no choice but to do this because requested statements were not provided to them. They would not have been doing their job if they allowed you to be discharged without getting the statements and reviewing them. My gut feeling is that if the statements are fine you'll be discharged after the UST reviews them. This really is a sit-and-wait situation.