chapter 7 case

[charlesman2]

hey guys just wonder how long does it take the ust to make my a decstion on your case once abuse is persumed i have not hered a peep.i talk with my lawyer he he told me he haset been contacted.iam over the meadien for my state but passed both means test anyone seen this at all

[JRScott]

It depends largely by district and the workload they have.

You will hear before 60 days is up something generally even if its just an extension to have more time to look at the case.

Generally at some point you should receive notification if the UST is challenging aspects of your case and there is a meeting for that, which in some respects is similar to the 341.

[charlesman2]

i live in minnesota and from i understand my lawyer told me if your over the medain for your state you are persumed abuse pretty much form the start.is that true

[JRScott]

Not necessarily.

It would depend on your expenses. However yes an over median case will probably be scrutizined more than a below median. That however does not mean that review will ever come down to the debtor as in some cases it just happens in the background.

[charlesman2]

how do you mean back ground

[aces67]

We initially filed a Ch 7 but b/c of our income the presumption of abuse did arise. We were notified before our 341 meeting and the trustee converted it to a 13. Now our income has dropped a lot and we have another 341 next Friday to try and convert back to a 7.

Good Luck!

[jessegirl]

UST jumped on our case 2 weeks after we filed. They asked for a bunch of information, we sent it and never heard from them again, that was until the last day of objections. Day 60. There it was an extension filed by the UST for another 90 days before we can discharge. Thank God we are now discharged, but it was a hell of a fight to try and not be dimissed or converted to a chapter 13.

[Tbornetun]

i live in minnesota and from i understand my lawyer told me if your over the medain for your state you are persumed abuse pretty much form the start.is that true

No, not true. If you are over income, yet pass the means test after completing the remaining sections, the US Trustee will take a closer look at your deductions. I am in Minnesota also, in all of our cases there has only been one that the UST has taken a closer look at and required more documentation.

[charlesman2]

i havent heard anything from my lawyer or the ust since they ask for my utilty bills before the 341.and not a peep other wish.when i look on pacer today it said persumtion,reaf

[Tbornetun]

You must have taken an additional deduction on the means for your utilities above the IRS standard. As long as your bills match with what was stated on the means test, you should be fine. How long ago was the 341? Have you received any sort of Motion to Dismiss? The trustee's offices are pretty backed up. No new is good news for now.

[charlesman2]

well i went on a budget plan last feb so it was a avg but can move month to month i just check pacer the only thing on there as of know is persuntion and reaf was just add no motion to dismiss

[DeadManCrawling]

when someone posted it would take place "in the background", I believe they meant this:

The TT will look things over without you being present and decide whether to ask you or your attorney to provide more information. They may decide that nothing is needed and you will never even know what they looked at or what they were considering.

Hope that helps, and good luck in all this.

[charlesman2]

just been hard very stress full iam trying to get myself in a good postion in case i lose my job in the coming months witch is a possablty.and if a get push in a 13 this wont help things out for me,i feel very guilt about having to file and fought my hardest not to have to but in th end i figured life is to short,and just to do it and move on i blame my self for the postion iam in and no one else

[eddiep]

If you end up doing a chapter 13 and lose your job, contact your lawyer ASAP. You may be eligible to convert the ch13 to ch7 due to reduced income.

Don't be too hard on yourself, you may have made some mistakes in the past but you should be proud of yourself for dealing with these issues.

When I was a little girl my parents had some financial problems and ended up losing their home, cars, business, and their marriage. Their credit was trashed and neither of them ever recovered financially.

When we realized we were in financial trouble too I was reluctant to file because I was always told they "went bankrupt" so I had always just assumed they filed for bk. When I told my mom that we were considering filing she told me that they actually did the opposite of filing bk, they just let it all go and that she regrets not seeking bk protection to save their home and business, and how it could have changed her whole life if they had.

This is your chance for a fresh start, make the best of it!