On May 29th the UST filed a presumption of abuse on our case. Our lawyer finally met with us this past Tuesday but he was too late. On Tuesday the UST filed a motion to dismiss without prejudice.
Here are the issues listed on the motion:
He says dh GROSSES $6315.40 per month and that after taxes and all expenses are taken out we have $900 PER MONTH in disposable income. Dh's checkstubs clearly show that he doesn't gross anywhere near that number. He currently grosses $4600-4700 per Month and has ever since January. He USED to make $6315.40 per month but not since 2007. It goes on to state that $6315.40 x 12 is $73,942.80 which is over the median for a family of four. The median in TX for family of four is $66400.
He goes on to state that dh's job is stable and that he is making a very decent wage at $6315.40 per month so the UST is asking for a dismissal without prejudice.
So I call my lawyer and he's out of town but the paralegal says oh yeah we got that on Tuesday after you guys left and the lawyer met with UST's office yesterday b/c as it turns out WE FILED YOUR PAPERWORK WITH THE WRONG NUMBERS! Are you kidding me? The lawyer met with UST and took all dh's paystubs and our bank statements to show him that we don't make that kind of money at all but b/c he's out of town and will be until Monday all we can do is wait and see what happens then.
I'm not sure rather to scream or cry. Tomorrow is payday and I have $20 left until then. Not $900 not even $450 just $20. And all I've bought is basic groceries and paid bills. No clothes, no fun stuff, nothing. Just gas, groceries and bills. And I'm almost out of groceries.
Oh and as part of our BK we are surrendering dh's truck so the paralegal tells me to sit on it and not to let them come get it b/c if we have to dismiss and refile we may need that note to get us through the means test. The finance company has already called me wanting to come get it. I'm so nervous now.
Here are the issues listed on the motion:
He says dh GROSSES $6315.40 per month and that after taxes and all expenses are taken out we have $900 PER MONTH in disposable income. Dh's checkstubs clearly show that he doesn't gross anywhere near that number. He currently grosses $4600-4700 per Month and has ever since January. He USED to make $6315.40 per month but not since 2007. It goes on to state that $6315.40 x 12 is $73,942.80 which is over the median for a family of four. The median in TX for family of four is $66400.
He goes on to state that dh's job is stable and that he is making a very decent wage at $6315.40 per month so the UST is asking for a dismissal without prejudice.
So I call my lawyer and he's out of town but the paralegal says oh yeah we got that on Tuesday after you guys left and the lawyer met with UST's office yesterday b/c as it turns out WE FILED YOUR PAPERWORK WITH THE WRONG NUMBERS! Are you kidding me? The lawyer met with UST and took all dh's paystubs and our bank statements to show him that we don't make that kind of money at all but b/c he's out of town and will be until Monday all we can do is wait and see what happens then.
I'm not sure rather to scream or cry. Tomorrow is payday and I have $20 left until then. Not $900 not even $450 just $20. And all I've bought is basic groceries and paid bills. No clothes, no fun stuff, nothing. Just gas, groceries and bills. And I'm almost out of groceries.
Oh and as part of our BK we are surrendering dh's truck so the paralegal tells me to sit on it and not to let them come get it b/c if we have to dismiss and refile we may need that note to get us through the means test. The finance company has already called me wanting to come get it. I'm so nervous now.
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