SOMEONE - HELP what am i going to do??

[jessegirl]

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.

I always had the meansno in my flags from day one. That never changed and there was never ever nothing entered by the US as far as an assumption of abuse on pacer. I am so frigin confused on this. The UST trsute has had the requested information since the 1st or 2nd week in oct. we never heard anymore from him as far as reasking for cc statements. When the attorney spoke to him last wee, the attorney said he was nice and that he has not requested anything from the attorney. So the atorney feels leave him alone now. I HATE the uknown......... Do you think that I am going to have to go to court? Also, he first pre a presumption of abuse nd now it says motion to dismiss, doe sthat mean he wants to dismiss the whole BK?

[Help!]

Whoa... that's something entirely different! A motion to dismiss is just that - it means your case is PENDING dismissal. Not only does the UST want to dismiss the BK, the case is ALREADY in the process of being dismissed right now. I would assume there is a hearing date set. Your attorney MUST appear at the hearing with you and explain to the judge why your case should not be dismissed. If he is unsuccessful or you do not attend the hearing, your case WILL be dismissed. Failure to provide the UST with requested documentation can get you dismissed, but if you provide it before the hearing you may be able to keep your case from being dismissed. Can you get those credit card statements somehow... quickly?

When was the motion to dismiss filed?

[B65]

[jessegirl]

Whoa... that's something entirely different! A motion to dismiss is just that - it means your case is PENDING dismissal. Not only does the UST want to dismiss the BK, the case is ALREADY in the process of being dismissed right now. I would assume there is a hearing date set. Your attorney MUST appear at the hearing with you and explain to the judge why your case should not be dismissed. If he is unsuccessful or you do not attend the hearing, your case WILL be dismissed. Failure to provide the UST with requested documentation can get you dismissed, but if you provide it before the hearing you may be able to keep your case from being dismissed. Can you get those credit card statements somehow... quickly?

When was the motion to dismiss filed?

[jessegirl]

[Help!]

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html

The bottom line is that you need to provide those statements to the UST or a motion to dismiss is very likely to be the next thing you see in PACER. There is always a chance the UST has filed the motion to extend because they are in the process of getting the statements by subpoena, but don't assume the UST is patiently trying to track down all of the financial records YOU are responsible for keeping. If you are dismissed under 727 for failure to keep/produce adequate records, you risk being dismissed with prejudice which means you won't be able to refile. Do whatever it takes to get those statements!

[Help!]

This is the actual order extending the objection deadline. It means the UST has until April 5, 2009 to file a motion to dismiss/convert or a declination *and* that the UST may file another motion to extend at that time. Presumed abuse is no longer on the table since the order states dismissal under 707(b)(1) and 707(b)(3) (presumed abuse is 707(b)(2)).

707(b)(1) includes "unreasonable delay by the debtor that is prejudicial to creditors", e.g., failing to provide requested documentation.

707(b)(3) further points to documentation: "failure of the debtor in a voluntary case to file....the information required in [707(b)(1)]".

In other words, the UST needs everything they requested form you or your case will be dismissed.

[jessegirl]

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html

The bottom line is that you need to provide those statements to the UST or a motion to dismiss is very likely to be the next thing you see in PACER. There is always a chance the UST has filed the motion to extend because they are in the process of getting the statements by subpoena, but don't assume the UST is patiently trying to track down all of the financial records YOU are responsible for keeping. If you are dismissed under 727 for failure to keep/produce adequate records, you risk being dismissed with prejudice which means you won't be able to refile. Do whatever it takes to get those statements!

[B65]

amazing

that the lawyer you are paying could not figure this out, or that he and the UST could not have told you earlier, we need those papers. If the cc are the only thing missing I would tell your attorney that you need to know if it is that... and tell him and put it in writing to the UST the credit card companies will not send them to you... send certfifed letters to each of the cc's asking for the 2 years statements and show proof of that to the UST and ask the UST in the letter if he can supeana the companies... at the end of the day i think it is disgusting that you should be punished and maybe dismissed because the companies will not give them to you.... I guess their argument is we should all keep years worth of paper.

make your list of all your cards, call them tomorrow type a letter copy it and send it to them all asking them and write one to the UST telling him of your actions.. I would also double check that that is all that is needed and missing.
I am pulling for you and i have been so worried about you

[jessegirl]

Help - WHat do I do if i cannot produce the 2 years of cc statements? I am so damn nervous and sick over this. I am literally in tears as we speak. I am sooo done with this. I am better off jumping off a frigin cliff. Its going to end bad. I do not have a good feeling. I cannot produce the 2 years nd they want it. My attorney refuses to call the UST, everyone sucks. I am on my own. I have no one of my side including my attorney. When they originally asked for the 2 years of cc statements. I was only able to produce some and the attorney said we aren't going to send any. This is his F-ing fault.

Just shaking my head.

[B65]

i saw

in the post above the word supeana??? maybe they are already trying to get the statements??? that is great news if they are.... I would ask and find out if they are and I would also do as i said as well to show you are trying too.

B

[jessegirl]

that the lawyer you are paying could not figure this out, or that he and the UST could not have told you earlier, we need those papers. If the cc are the only thing missing I would tell your attorney that you need to know if it is that... and tell him and put it in writing to the UST the credit card companies will not send them to you... send certfifed letters to each of the cc's asking for the 2 years statements and show proof of that to the UST and ask the UST in the letter if he can supeana the companies... at the end of the day i think it is disgusting that you should be punished and maybe dismissed because the companies will not give them to you.... I guess their argument is we should all keep years worth of paper.

make your list of all your cards, call them tomorrow type a letter copy it and send it to them all asking them and write one to the UST telling him of your actions.. I would also double check that that is all that is needed and missing.
I am pulling for you and i have been so worried about you

I am going to call that damn f-ing attorney tomorrow. I am soooo upset I can't stop crying if we guess dismissed, what will become of us. My kids my house. I failed my kids. Such a shame. They don't deserve this. I am suppose to protect them instead i failed them. Damn shame. I have high blood pressure to begin with my face is so red right now, my pressure is probably sky high from all this shit... Its one thing after another. I will deal with the attorney tomorrow, which by the way i am just a number and i really thinks he could care less about me and my family.

[dingdong]

It looks to me like your attorney allowed the 90 day extension. And it appears that the CC statements are what the UST wants.

I know this is really scary for you and I am totally sympathetic. This is the time to get into warrior mode. If there is one thing I have learned in the last year, it isn't over until it is actually over and there is usually something that CAN be done, sometimes even when its over.

I have had a lot of issues this past year and it really seemed like there was no way out and I fought hard , didn't give up and overcame them, many of them legal issues.

You can do this.

It seems that you need to let the UST know they can have access to your CC statements, especially since you know that you are not trying to hide anything. I would get very demanding with the CC company.


Is there another attorney you can go to? I know attorneys don't lkike to turn on each other , but if he is not representing your best interests, perhaps malpractice is an issue.

If it were me, and you know this may be bad advice, I would call the UST and tell them you are trying to get those CC statements from the CC COmpany and they are not complying and ask if there is anything the UST can do including subpeona.

You are not providing and more info than your lawyer would have, and quite possibly the UST may see that your lawyer is an A$$ and sympathize with you.

At this point, what could it hurt?

[jessegirl]

that the lawyer you are paying could not figure this out, or that he and the UST could not have told you earlier, we need those papers. If the cc are the only thing missing I would tell your attorney that you need to know if it is that... and tell him and put it in writing to the UST the credit card companies will not send them to you... send certfifed letters to each of the cc's asking for the 2 years statements and show proof of that to the UST and ask the UST in the letter if he can supeana the companies... at the end of the day i think it is disgusting that you should be punished and maybe dismissed because the companies will not give them to you.... I guess their argument is we should all keep years worth of paper.

make your list of all your cards, call them tomorrow type a letter copy it and send it to them all asking them and write one to the UST telling him of your actions.. I would also double check that that is all that is needed and missing.
I am pulling for you and i have been so worried about you

Thanks B! - I cannot absorb anything anymore. I am just so donw with this whole thing. I am calling the attorney tomorrow.

[jessegirl]

[QUOTE=dingdong;232023]It looks to me like your attorney allowed the 90 day extension. And it appears that the CC statements are what the UST wants.

I know this is really scary for you and I am totally sympathetic. This is the time to get into warrior mode. If there is one thing I have learned in the last year, it isn't over until it is actually over and there is usually something that CAN be done, sometimes even when its over.

I have had a lot of issues this past year and it really seemed like there was no way out and I fought hard , didn't give up and overcame them, many of them legal issues.

You can do this.

It seems that you need to let the UST know they can have access to your CC statements, especially since you know that you are not trying to hide anything. I would get very demanding with the CC company.


Is there another attorney you can go to? I know attorneys don't lkike to turn on each other , but if he is not representing your best interests, perhaps malpractice is an issue.

If it were me, and you know this may be bad advice, I would call the UST and tell them you are trying to get those CC statements from the CC COmpany and they are not complying and ask if there is anything the UST can do including subpeona.

You are not providing and more info than your lawyer would have, and quite possibly the UST may see that your lawyer is an A$$ and sympathize with you.

At this point, what could it hurt?[/QUoute

I am calling my attorney tomorrow and telling him to call the trsutee. This is BS...