Responding to the motion to dismiss from the UST..

[aces67]

The UST filed a motion to dismiss on us for abuse. Anyway, after my lawyer talked to him and corrected all our figures the UST said he needed dh's checkstub from today's check and then he would make his final decision. So I sent that to him.

IN the meantime today I received papers from my lawyer that say Debtor's Response to UST's Motion to Dismiss. It goes on to list things that we agree and things we deny about the UST's allegations. At the end it says Debtors pray this court deny the motion to dismiss or set the matter for hearing to allow the debtors to state their case before the court.

So which is it? If the UST withdraw's his presumption then that automatically cancels the motion he brought right? I'm sort of nervous again now.

Thanks!

[Tbornetun]

Your lawyer still needs to file the response so that you can go to court and fight it if the UST doesn't withdraw his presumption of abuse.

[aces67]

OMG! You guys you have got to keep your fingers crossed that the UST withdraws his presumption. I just checked Pacer and it says our court hearing to decide on the dismissal is set for SEPTEMBER! I can't stay in limbo that long. That doesn't even seem fair

[goingcrzy]

I got the same thing. It is kind of annoying. I thought I was all set to be discharged and then the UST wants to go to court. He didn't even ask for more documentation.

I read back for the last 2 years and there are not many motion to dismiss topics. But in the last few weeks a bunch seem to have popped up. I wonder if the UST is looking more closely.

Were you a high debt amount?

Good luck and hang in there!