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    Couple of questions

    The UST filed a motion to dismiss on June 16th or 17th. His reasoning was that we made enough to pay our bills b/c our lawyer filed our papers with the wrong info. The UST thought dh was making $6300 a month when he actually only makes $4700 a month max.

    My attorney met with him and showed him that those numbers were wrong and that dh only grosses $4700 a month and gave him the paystubs to back it up. The UST then said Okay If I can get the last checkstub for June then I will make a decision that way I'll have 6 months to look back at.

    Now here are my questions. Dh took a week of vacation last week so that will make his check even lower than usual b/c their will be no overtime for that week.

    Can the UST say I want to wait 2 more weeks?

    What I'm concerned about is suddenly dh's job (he works at a papermill) has decided to do a shut down this weekend. It's his weekend to be off but they are making him come in and work, plus Saturday is a paid holiday for him AND it's the last payday of the week so it will be overtime to begin with. It will end up being double time and a half or triple time for that day. So my concern is if the UST decides to wait 2 more weeks then the next checkstub will be a LOT higher than normal. DH can't call in sick b/c it would put his job at risk. He can't call in with an important project like this coming up.

    The UST is really looking closely at our numbers and I'm just ready to be done with this. Even if he makes an extra $500 this weekend after this weekend his pay will go back to what it's been for months now. I'm just discouraged and nervous.

    So legally speaking how long can the UST hold this out? Should I call my lawyer tomorrow and tell him about dh's schedule for this week and see what he recommends?

    THanks guys!
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    When was your husband's last paycheck for June? I think this is what the UST will look at. I don't think it matters that your husband took a vacation, most people do. My husband took a vacation (maybe two) within the last six months prior to us filing. Like your husband, there was no OT. I believe that a week of vacation is normal and it would not make a difference.
    5/29/09 ~ filed chapter 7
    7/13/09 ~ 341 meeting
    10/8/09 ~ Discharged!!!
    10/27/09 ~ Closed!!!

    Comment


      #3
      I don't think him using his vacation time will affect it. This will probably be enough and supports your claim so should be good to go I think.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        Originally posted by ska View Post
        When was your husband's last paycheck for June? I think this is what the UST will look at. I don't think it matters that your husband took a vacation, most people do. My husband took a vacation (maybe two) within the last six months prior to us filing. Like your husband, there was no OT. I believe that a week of vacation is normal and it would not make a difference.
        His last check for June will be cut tomorrow. It will be for one regular workweek plus 1 week of straight vacation. I'm just so worried over it all.
        4/09 Converted to a Ch 7 due to loss in dh's income
        5/09 UST now involved no idea what happens next
        7/09 UST has decided to withdraw his motion to dismiss!
        7/27/09 DISCHARGED!!!

        Comment

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