I just had a 2004 exam, rough stuff. Now I have to wait... The UST has 30 days after order for rule 2004 exam signed to get back with me. I got a chance to correct my petition concerning income, expenses, valuation of assets. Please review your petition before signing and take your time. I remember two questions that were very interesting. I was asked what day I first contacted my lawyer prior to filing. The other was how much of a hardship would it be to sell your house and move somewhere else. My attorney advised that the judge has not engaged in the cruel practice of eviction, but that it is permissable under law. The median for my state is under $1000 per month. Seems like alot of people would fall in that category.
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2004 Exam yesterday
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Did you have any equity in your home? If you are underwater, I beleive they can't evict you.
Our UST is trying to get us dismissed since she says if we lived in smaller place we could fund a 13, but nothing ever was mentioned that the judge could force us out.
I think the UST is trying to see if he can win a presumption of abuse case in front of the judge. The UST showed up at our 341 and drilled us for half an hour on why we thought we should live in our house. She asked how many bedrooms, how many bedroom were occupied. If guests stay at our house or a hotel. What renevations we have done and why. Even, what temp do we keep the house at! (I guess if you like your house cold in the summer you're in trouble).
To me it seems the USTs are becoming more aggresive (possible to arugue that the UST program needs some of the money going around washington). I have the schedule for our court date and our UST has a bunch of pres abuse cases the same day!
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I am upside down for sure. I told the guy that I would have to come up with thousands just to sell it since I reaffirmed it, and a judge signed it, too. The realtor fees, market bite, and the new mortgage rules would keep me from selling it and someone else from buying it. One more house on the market courtesy of the governement. I did hear the UST's speaking to eachother about a ruling being discussed which would turn 401k loan repays into disposable income. That would be a problem.... Good luck!
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