SOMEONE - HELP what am i going to do??

[jessegirl]

Originally Posted by Help!
At least you know what's going on now and know that you're going to need to get documentation together. That gives you more time to do what needs to be done. You need to move FAST. The UST has only 30 days from the date the statement of presumed abuse is filed to make the next move. One of three things will happen at the 30 day mark: (1) UST will file a motion to dismiss or a motion to convert (2) UST will file statement of no presumed abuse or (3) UST will file a declination formally "declining" to prevent your Ch. 7 from being dismissed/converted. It's going to suck - I won't lie to you. Get ready to jump through hoops and gather a mound of paperwork. If you don't have access to the UST Additional Documentation list yet, I can help get you started.

I am posting this here in hopes of HELP and otherings that were presumed abuse and UST is requesting dismal to help me:


Help - I thought that the UST only had 30 days from the date the statement of presumed abuse is filed? The UST assigned to my case filed that in early oct. and then never did anything untilt he final day for objections which was Jan6th. Is that right? He asked for a bunch of stuff the only thing that I was not able to give him was 2 years of cc statements. That was given to him within days of he asking for it in Oct. and then silence. My attorney refuses to call there office. He said he spoke to the UST on 1/6/08 after he the UST put in the 90 day extension. I spoke to my attorney on Friday to see if he had any status and asked him to call the UST in 2-3 weeks. He says no - you never bother them otherwise you are looking for trouble. He said he will wait for his call. I told him well if you wait it going to take the whole 90 days. I just want this behind me. My attorney says he will sit and wait for the UST to contact him again.

Now what do I do? I would like to wrap my hands around someones neck, but i cannot. The UST originally out down assumption of abuse in early Oct. and then whenm he put in for the extension, I see on pacer it says that he wants it dismissed. What should I do and i sounds like he has made his mind up. If he has all the information that he requested minus the cc statements since oct. and now has down that he is looking for a dismissal, what should I do? There is no way we canever do a chapter 13. We are just making it by now. ANd I just found out my property taxes went up 600.00 for the year. So my fiances look worse now. HELP

[jessegirl]

Anyone

[AngelinaCatHub]

Jessie, why the property tax raise when the real estate values are crashing? I would first object to the tax raise with your taxing authority.

About your abuse situation. They cannot talk to you unless you are pro se. You have to have a bit of faith in the lawyer and stay onto him. Have you voiced “strongly” your feelings to him? If not do so.

If you are dismissed, you can appeal to the Court and have it reviewed. ‘Hub

[Mi Bankruptcy]

I would call the UST. Tell him your attorney said you should wait until the UST contacts your attorney. However, you don't feel this is entirely a sound idea.

You accomplish,

1) show the UST you are actively engaged.
2) Show that your attorney is being considerate of the UST time.
3) Know your answer and don't kick end up kicking yourself if you "were" right
4) find your answer. Worse case, the UST will tell you to listen to your attorney.

Remember.. this is your life. To your attorney and the UST this is just another case and they are going through the process. It's not like your calling the UST every other day.

[TEW]

I would call the UST. Tell him your attorney said you should wait until the UST contacts your attorney. However, you don't feel this is entirely a sound idea.

You accomplish,

1) show the UST you are actively engaged.
2) Show that your attorney is being considerate of the UST time.
3) Know your answer and don't kick end up kicking yourself if you "were" right
4) find your answer. Worse case, the UST will tell you to listen to your attorney.

Remember.. this is your life. To your attorney and the UST this is just another case and they are going through the process. It's not like your calling the UST every other day.

I would NOT call the UST I would follow my lawyers advice.
The UST is not doing the audit The DOJ has contractors for this. Keep in mind it is the UST that is also being audited not just the filer.

[Mi Bankruptcy]

I stand corrected. If it's contractors doing the audit on behalf of an agency let your attorney deal with it.

[jessegirl]

I would NOT call the UST I would follow my lawyers advice.
The UST is not doing the audit The DOJ has contractors for this. Keep in mind it is the UST that is also being audited not just the filer.

What is the DOJ TEW?

So you think I should just keep the faith and wait until they make a decision. Maybe they will think I am a pain in the ass and just dismiss me to get rid of me. I hate the unknown, so much. I am on pacer all the time looking to see if there is a change. This stinks.

HUB - My propoerty taxes went up because they re-evaulated the whole town and made my taxes at the appraised SELLING price and not the accessed value like it always was. What a rip off. They accessed me at almost 200K more then I was before!

[dingdong]

DOJ= Department of Justice

[TEW]

What is the DOJ TEW?

So you think I should just keep the faith and wait until they make a decision. Maybe they will think I am a pain in the ass and just dismiss me to get rid of me. I hate the unknown, so much. I am on pacer all the time looking to see if there is a change. This stinks.

HUB - My propoerty taxes went up because they re-evaulated the whole town and made my taxes at the appraised SELLING price and not the accessed value like it always was. What a rip off. They accessed me at almost 200K more then I was before!

Department OF Justice
I don't know how these audits go but I am sure this is not your lawyers first.
I worked for federal government for 35 years they have NO Conception of time.

[jeb]

Jessie, why the property tax raise when the real estate values are crashing?

Boy, would a lot of us in FL like an answer to that question.

Seems County says they need X amount of money and with so many foreclosures here in the Sunshine State the prop. taxes have fallen through the floor.

So, up go prop. taxes. - jb

[Help!]

Sorry it's taken me a while to reply. No, the UST handles presumed abuse cases directly - no contractors as in the random audits. There is a regional UST and they are represented by attorneys who are also DOJ employees. When you say the UST wants your case dismissed, do you mean a "motion to dismiss" has been filed by the UST? And are you saying that a "statement of presumed abuse" was filed and the UST filed nothing at all 30 days later? The law states in Title 11, section 704(b)(2) that the UST MUST move to convert/dismiss or file a declination within 30 days after the statement of presumed abuse was filed. If the UST didn't do this, your attorney can file a motion to strike the statement of presumed abuse and/or move to vacate the UST's motion to dismiss.

You absolutely must do everything through your attorney (and I know how frustrating that can be... first hand!). Do not, under any circumstances, contact your case trustee or the UST directly. Do get a very firm grasp on the facts and if the UST failed to file the required statement within 30 days get your cowardly attorney to do what he's been paid to do - represent you!

[B65]

thats what I was wondering

the 30 days never came into play in jessegirls case, I think the presumbed abuse was filed before the 341 and the extension motion to dismiss came on day 59... but i am confused too I hear the UST can pop in anytime within that 60 days to file an extension or motion to dismiss and other times i hear the 30 day thing....
I hope this all clears up soon for jessegirl

[Help!]

No, the law is very clear on the steps the UST must take in order to seek dismissal for presumed abuse:

704(b)(2):

"(b)(1) With respect to an individual debtor under this chapter--

(A) the United States trustee or bankruptcy administrator shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor's case would be presumed to be an abuse under section 707(b); and

(B) not later than 5 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors.

(2) The United States trustee or bankruptcy administrator shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States trustee or bankruptcy administrator does not believe that such a motion would be appropriate, if the United States trustee or bankruptcy administrator determines that the debtor's case should be presumed to be an abuse under section 707(b) and the product of the debtor's current monthly income, multiplied by 12 is not less than--

(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner last reported by the Bureau of the Census; or

(B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals last reported by the Bureau of the Census."

If the UST is seeking to dismiss a case for fraud under 707(a), that's a different story.

[B65]

so by the looks of it

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.

[jessegirl]

Sorry it's taken me a while to reply. No, the UST handles presumed abuse cases directly - no contractors as in the random audits. There is a regional UST and they are represented by attorneys who are also DOJ employees. When you say the UST wants your case dismissed, do you mean a "motion to dismiss" has been filed by the UST? And are you saying that a "statement of presumed abuse" was filed and the UST filed nothing at all 30 days later? The law states in Title 11, section 704(b)(2) that the UST MUST move to convert/dismiss or file a declination within 30 days after the statement of presumed abuse was filed. If the UST didn't do this, your attorney can file a motion to strike the statement of presumed abuse and/or move to vacate the UST's motion to dismiss.

You absolutely must do everything through your attorney (and I know how frustrating that can be... first hand!). Do not, under any circumstances, contact your case trustee or the UST directly. Do get a very firm grasp on the facts and if the UST failed to file the required statement within 30 days get your cowardly attorney to do what he's been paid to do - represent you!