Just got the 341 papers in the mail

[mamaof2]

Ok, the papers for the trustee meeting date, say that the presumption for abuse does not arise.....can this change or does it usually stay as is????

[momof3b1g]

I noticed that on ours too. But it was really soon after filing. Can they know anything that soon?

[queenfluff]

It says that on mine too. I believe that is just your lawyers statement on the filing. If your lawyer has properly gone over all your charges, expenses and whatever, they could tell whether or not any of your financial activity would send up flag for abuse. I am not sure - I think it also might a initial "status" they set up for your case. Like "everyone is guilty until proven innocent" sort of thing.

But yes, the trustees or creditors can always look at your charges or whatever and question them - I think that is why they get those 60 days after your 341 - so they can examine your stuff and see if they think you have abused anything.

[Tbornetun]

The presumption of abuse is coming from your Means Test. That is what they are referring to on the notice. If you qualify for Chapter 7 then it will say "presumption of abuse does not arise".

This can change if the Trustee or the US Trustee feels you have filled out the Means Test incorrectly, then they would move to dismiss or convert to a 13.