UST involvement--always?

[yuckhatethis]

So I keep reading posts that say that a US Trustee will always get involved in Ch. 7 cases when the income is above the median. Is this true? We're above the median, had 341 with local trustee and are 8 days away from Day 60. We haven't heard a peep from a US Trustee-am I about to get blindsided or do only some above median cases get reviewed? My attorney told us when we filed that we might get pulled for a review, but so far nothing...

We're so close to finished, I'll just puke if anything comes up now.

[StartingOver08]

Sounds like the UST is not interested in your case!

Well, it sounds like you are in the clear so far. Jessiegirl had an experience where they posted the objection the last day, but I think that is rare.

In my case my attorney said the UST would be interested - and he was - but I knew that right away going in (above median, large debt). My 341 was continued. Your 341 was completed on the same date as originally scheduled, right? If there were going to be a red flag, the UST probably would have made himself known by now - at least to your attorney.

[B65]

Yes and just to point out

jesegirl had involvment with the UST before her 341, he did not just pop up on the last day he was involved in her case early on...

Good luck and update us!!

[B65]

also

it is my day 60 today and i know the feeling of wanting to puke this far to the end......
fingers crossed!

[StartingOver08]

jesegirl had involvment with the UST before her 341, he did not just pop up on the last day he was involved in her case early on...Good luck and update us!!

Good point...thanks for correcting the record (I'm sorry, I should have checked her posts again!).

[yuckhatethis]

Thanks for the encouraging posts! And I'll be thinking of you all today B65!!

I feel fairly confident, but I also feel a little scared because I know our case probably warrants a review with 115K in cc debt (with purchases, BTs and cash advances all the way up to a few weeks before filing) and income at about 80K. We just barely passed the means test. My biggest concern is that they we will get forced into a Ch 13-should I be worried about that at this point or would I already know if that's where I was headed?

[Duke89]

We were above median filers and had a no asset CH7 case. We knew before our 341 meeting that the UST had questions. They showed up to the meeting and asked more questions and we actually had to continue our meeting two weeks later. I would be surprised if the UST got involved in your case now (unless there was new information that came to light that would materially alter how your creditors would be treated). The UST has a caseload to manage and in order for the whole system to continue to move forward they have to be both efficient and thorough with their reviews of cases. No news can be good news when it comes to the UST.

[Help!]

Thanks for the encouraging posts! And I'll be thinking of you all today B65!!

I feel fairly confident, but I also feel a little scared because I know our case probably warrants a review with 115K in cc debt (with purchases, BTs and cash advances all the way up to a few weeks before filing) and income at about 80K. We just barely passed the means test. My biggest concern is that they we will get forced into a Ch 13-should I be worried about that at this point or would I already know if that's where I was headed?

You should feel very confident at this point. If no statement of presumed abuse was filed prior to now you're well on your way! Read the law and you'll feel a lot better:

http://www4.law.cornell.edu/uscode/11/usc_sec_11_00000704----000-.html

[yuckhatethis]

Thank you, thank you, thank you for that link!! I do feel a million times better now. I was thinking the US Trustee didn't really have much in the way of guidelines and could dip in and out of our cases as he wants.

So now just 8 more days....

You should feel very confident at this point. If no statement of presumed abuse was filed prior to now you're well on your way! Read the law and you'll feel a lot better:

http://www4.law.cornell.edu/uscode/1...4----000-.html

[jessegirl]

Hey Yuck - You should be alright. I know its a VERY nerve racking experience. Mine is one for the books. If someone is testing me and how much I could take, well, I am almost at my limit.

The UST came in about 2 weeks after we filed. He first came in with an abuse claim and requesting information. We gave him all but 2 years worth of CC statements, which I could not produce. Then we never heard form him for 3 months and then the last day for obejctions, he RETURNS.... with a vengence.... he then extends our discharge for 90 days an now I just got supenoed to a 2004 hearing... Yeah, just my thoughts too. Throw up wasn't even the word. I was ready to drive off a cliff. I cannot take it anymore, even damn corner we turn there he is......So now we will go to the hearing and fight like hell, for what we have the right to do and thats file chapter 7.

I really do not think that you will have any problems. If it been quite that is a really good thing.

I wish you the best of luck and hope you fly thru smoothly.

Jessegirl.

[yuckhatethis]

Thanks Jesse! I've been following your posts and my heart just breaks for you! I so admire how you continue to fight and after my case is over I'll keep following this forum just to make sure all goes well with you!!!

Hey Yuck - You should be alright. I know its a VERY nerve racking experience. Mine is one for the books. If someone is testing me and how much I could take, well, I am almost at my limit.

The UST came in about 2 weeks after we filed. He first came in with an abuse claim and requesting information. We gave him all but 2 years worth of CC statements, which I could not produce. Then we never heard form him for 3 months and then the last day for obejctions, he RETURNS.... with a vengence.... he then extends our discharge for 90 days an now I just got supenoed to a 2004 hearing... Yeah, just my thoughts too. Throw up wasn't even the word. I was ready to drive off a cliff. I cannot take it anymore, even damn corner we turn there he is......So now we will go to the hearing and fight like hell, for what we have the right to do and thats file chapter 7.

I really do not think that you will have any problems. If it been quite that is a really good thing.

I wish you the best of luck and hope you fly thru smoothly.

Jessegirl.

[jessegirl]

Thanks Jesse! I've been following your posts and my heart just breaks for you! I so admire how you continue to fight and after my case is over I'll keep following this forum just to make sure all goes well with you!!!

Thanks yuk - This forum is great!! I come here several times aday. I do not know what I would do without all of you....

[TEW]

pokes jessiegirl to see if she has had enough

[jessegirl]

TEW - I am stick a fork in me d o n e!!! LOL...

[ready2puke]

You can share my screenname...lol

it is my day 60 today and i know the feeling of wanting to puke this far to the end......
fingers crossed!

But I think your going to be fine