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    Presumption of Abuse

    So, we finally filed on the last day of March. Yesterday we got a form letter in the mail (looked like it was geared toward creditors) - it says what day our creditor's meeting is (5/11) and it also said "Presumption of Abuse does not arise". Does that mean a trustee has already looked at our case and made that determination? Or does that just mean that we passed the means test according to our filing?

    Today was the first day in a long time NO ONE called me. Even after I had a case number, I didn't answer the calls - I think I read too many horror stories in this board! I'm a BIG chicken! I couldn't believe it - the same number would call once an hour for 10-12 hours some days!

    I checked the paper this week to see if our name was in it - but I didn't see it. It's amazing though... when we first started talking about BK I was HORRIFIED at the thought someone might find out... now, I really don't care. It is what it is - and it was the best choice we could have made right now.

    I am nervous for the creditors meeting - once we added up our credit card debt it was A LOT. We probably should have filed 1 year ago.

    #2
    Hey Gymbo, haven’t seen you for some time. Grats on your filing and yes to start off the “no abuse” is good. It can change but they have to have worthy reason. You are fine and I am pleased you care not what anyone thinks. VERY healthy attitude for, what business is it of “them”? Unless they walked in your shoes, they don’t know. Perhaps, they will in the future when their turn comes.

    Great news to hear your great news. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Or does that just mean that we passed the means test according to our filing?

      This. You will learn more ,if any at your 341, which will probably mean an hour of waiting and then 3-4 minutes of yes or no answers to simple questions and then your done besides your final BK counseling session.
      3/2/09- Filed: chapter 7 / No asset
      4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
      4/2/09- Trustee Report of No Distribution Filed
      6/24/09- Discharged and case closed

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        #4
        It's your "presumption of abuse" status from your means test before review (restating what you've claimed). We received the same notification (as did all of our creditors), and the UST changed the status after their review of our petition. I hope yours stays exactly as it is!

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