Anyone here good at Pacer searching and want to help me?

[justbroke]

Yes! I have that still thanks!

Can I have it or is it a Lexis/Westlaw link?

[TeacherMomma]

It is the Delbecq case/Indiana, and I just sent it to you.

[justbroke]

It is the Delbecq case/Indiana, and I just sent it to you.

Was that the one I sent you before??? (puzzled)! (Thanks!)

[MSbklawyer]

Nope. I am in a 7 facing dismissal on 707B. .

707(b)(2) or 707(b)(3) or both?

[2manybills]

JB: I sent her the full case info, including the UST motion to dismiss, the objection to motion to dismiss, etc. from Westlaw. If you need them sent, I still have on my computer at home.

[TeacherMomma]

We have discussed it JustBroke.

And MsBK, it is a 707b1, b2 and then they list in "the alternate" b3. I'd be happy to email you his motion if you want to offer any suggestions.

[justbroke]

707(b)(2) or 707(b)(3) or both?

707(b)(1), 707(b)(2) and 707(b)(3)(B) "totality of circumstances". There is no bad faith objection under 707(b)(3)(A). Only the presumption and the "totality of circumstances".

[justbroke]

JB: I sent her the full case info, including the UST motion to dismiss, the objection to motion to dismiss, etc. from Westlaw. If you need them sent, I still have on my computer at home.

Thank 2many. I have them. I was just wondering if it was the same case. I now have the Motion and the Order Denying. Thanks!

[TeacherMomma]

707(b)(1), 707(b)(2) and 707(b)(3)(B) "totality of circumstances". There is no bad faith objection under 707(b)(3)(A). Only the presumption and the "totality of circumstances".

Thanks for clarifying!

[2manybills]

No problem.

[music12]

wow, what a thread! fascinating subject and postings.

i think if the trustee is relying on local practice, then certainly rebutting that with a list of case numbers where the opposite happened is relevant. would be even better if you find a list of case numbers with the same trustee where he allowed the opposite to happen right under his nose. however, be prepared for the trustee to come up with some other reason why in those cases this issue was not material. so if you have a really long list, you would be much better off.

then everything else you rely on would have to be court opinions, preferably district court or circuit opinions because those are binding on the bk court (bk court opinions are not necessarily binding on bk court, but can be used to persuade a judge one way or another).

to save on pacer, if you have the time i'd go physically to the clerk's office and sit there at the terminals looking for schedule J's, then keep a list of those supporting your position and save only those to your own computer when you get back home. looking up stuff in the terminal in the courthouse is free as long as you don't print anything.

[whipster1]

I think the Trustee HAS to object to keep his job...otherwise everyone who files will put SL's as expenses even the ones that are subject to ICR, deferment, or other payment options....Sometimes they do what they HAVE to do and leave it up to the Judge.

Interesting thread for sure.

[justbroke]

I think the Trustee HAS to object to keep his job...otherwise everyone who files will put SL's as expenses even the ones that are subject to ICR, deferment, or other payment options....Sometimes they do what they HAVE to do and leave it up to the Judge.

This was a point that I was making in another thread. Many Trustees, as an example, will file a Motion to Determine Dischargeability if they see any significant charges in the 90 days preceding the bankruptcy. They figure that they may catch a bunch of people... and it saves them from researching before even going for the motion. They do it just on principle.

[TeacherMomma]

Yes, I know this to be the case as he has told me so directly, about how bad he feels, etc. I talked to him Friday and I have to call him tomorrow - he is doing a stipulation to give me more time to respond/convert, since my response is due 8/12. He said I can come down Tues and sign it, since the office is near me and I am off work till Thurs. So, I can't say anything bad about the guy.....I have a job too.