Please Help! Pacer remarks - I am stressed and just found out I am pregnant.

[debtfreedom]

Please help. I just looked on Pacer and found these remarks. What does this mean? We filed Chapter 7 and were under the median income. Our schedule showed negative income. I can't reach my attorney until Monday.
I just found out I am pregnant and I can't deal with this stress level. I thought we were on the home stretch, our 341 went smooth and end of Sept is our discharge date.
This was posted on Pacer, what does this mean?

08/07/2009 Having reviewed the documents, if any, filed by the debtor and any additional documents provided to the United States Trustee, the United States Trustee is currently unable to determine whether the debtor(s) case would be presumed to be an abuse under Section 707(b) of the Bankruptcy Code. Filed by U.S. Trustee.. Filed by U.S. Trustee. (Entered: 08/07/2009)

[bkmaggster]

Congratulations on your pregnancy!

When was your 341? My understanding is the US trustee only has 10 days afterwards to file a presumption of abuse.

Your health is way, way more important than anything the UST does. You have a lawyer to help you, and there is nothing that can be done until Monday. Please get out of the house or watch a DVD or anything to get your mind off of it!

[lrprn]

This was posted on Pacer, what does this mean?

08/07/2009 Having reviewed the documents, if any, filed by the debtor and any additional documents provided to the United States Trustee, the United States Trustee is currently unable to determine whether the debtor(s) case would be presumed to be an abuse under Section 707(b) of the Bankruptcy Code. Filed by U.S. Trustee.. Filed by U.S. Trustee. (Entered: 08/07/2009)

It just means that the US trustee is questioning something he/she saw on your filing forms. Chances are you and your lawyer can explain it or provide documentation to support it and all will be well. Try to stay calm until Monday - worrying about whatever it is isn't going to change what it is. Take care of yourself and the new growing baby. With the help of your lawyer, you'll deal with whatever it is as soon as you know what it is. Hang in there!

[debtfreedom]

Yesterday was the 10th day since our 341. I hope you are right that there is just something he is questioning, that we can get him info.
This is all just so stressful and hard to move forward in your life. People who say that bankruptcy is the easy way out have obviously never went through this gut wrentching horrible situation.
Thank you for the wishes on the baby. It wasn't planned and the timing isn't great with all of this going on, but I am excited and have to know that it is God's plan and everything will be ok.

[HHM]

Actually, it just means the US trustee is lazy or backed-up and hasn't actually looked at your case.

[banca rotta]

Actually, it just means the US trustee is lazy or backed-up and hasn't actually looked at your case.

That's funny!

It actually just means the UST needs to see additional proof of "something" probably an expense.

If the OP finds out what it is from the attorney and sends it to them chances are it will go away within a couple of weeks especially if the OP is under the median.

Congrads to the OP don't stress but at the same time stay on top of this!! Find out what they need and give it to them or the status will change to "meansYes" from the current "meansU". When it says "meansNo" then congrads again.

[AngelinaCatHub]

OK, is this possible? The US Trustee, selected by random to be the one in a hundred for an audit? If that could be the case, the UST found no fault and she probably will hear nothing more of it. I hope this is the case.

Grats on the new to come "deduction". LOL. 'Hub

P.S. I hope it's a boy or a girl. LOL.

[CCCrazy]

I don't understand why someone gets a Pacer account if they have retained an attorney. If I had gotten Pacer I would have been looking at it everyday and major league stressing about everything. Going thru a BK was enough stress on its own. I retained an attorney so it was his job to stress.

[music12]

CCCrazy you are absolutely right. however, not all lawyers do what is necessary so it's good to have info to be sure. some posters here had experiences where their lawyer didn't file their debt ed certificate. they knew it wasn't done through pacer and got on their lawyer's case to get it done.

[RainMoM]

Best wishes on the baby Hub.. you are to funny, hope its a boy or a girl LOL .. CCCrazy you are so right, I have a pacer, can't really figure it out so I'll wait till i have my 341 meeting and then maybe ask my lawyer to help me with it ! Debt, I know what you mean by this is stressful, I'm going threw it too, but like you said,, God does have a plan for all of us !!

[justbroke]

Actually, it just means the US trustee is lazy or backed-up and hasn't actually looked at your case.

Even better, some Districts (and appellate panels) have determined that such a statement by the U.S. Trustee, does not satisfy the requirements in 11 USC 707(b) for the UST to file a Motion to Dismiss for abuse. The UST has to actually file a statement that there is potential abuse, or ask for more time, within the 10 days allotted by the Code.

So, I say, debtfreedom is looking good!

[LuciluS]

Debtfreedom:

Congratulations on your Pregnancy!! I know this is easier said than done, but try not to get too Stressed as you need to take care of Yourself and your baby.

I'm sure when you talk to your Attorney, Monday, everything will work out it. Will keep you, your baby and family in my prayers and thoughts. Enjoy the rest of the weekend!

Luci

[music12]

Even better, some Districts (and appellate panels) have determined that such a statement by the U.S. Trustee, does not satisfy the requirements in 11 USC 707(b) for the UST to file a Motion to Dismiss for abuse. The UST has to actually file a statement that there is potential abuse, or ask for more time, within the 10 days allotted by the Code.

So, I say, debtfreedom is looking good!

jb, you are such an expert, what would we all do without you?

[justbroke]

jb, you are such an expert, what would we all do without you?

Too much research, and PACER/Lexis bills to prove it! Besides, just doing my giveback to the Forum.

(Remember, just because one District, Appellate or Appeals Court ruled one way on this, doesn't make it caselaw everywhere. As you can see, U.S. Trustees are still u sing the old "unable to determine" statements as a "stake" in the ground to extend their time to determine abuse.)

For those so inclined to research what I did... the following case is from Western Kansas, but is typical for this type of Trustee laziness. In this case, the Trustee and Debtor actually agreed to extend the time by Stipulation! However, the smart Judge, quickly saw through this and noted that allowing such would violate the law... he goes on to say...

There is no language in the code that allows the UST to file a statement that it is “currently unable to determine whether the debtors’ case would be presumed to be an abuse under Section 707(b) of the Bankruptcy Code;” the code requires a definitive statement as to whether a presumption of abuse exists.Accordingly, the debtors’ and the UST’s Motion to Approve Joint Stipulation Extending Timemust be denied as a matter of law.

In re: Snyder, Western Division of Arkansas Case No. 3:07-bk-73382

[music12]

that's a lot of giving back, jb!

i love this case. not allowing it even by agreement! the reason, though, is clear: the ust is very powerful and no debtor or even debtor's attorney would feel safe saying "no" to an extension because the wrath of the ust would then be on them. the court says to the ust that he cannot abuse the debtor by getting a stipulation out of him. in situations like this where the balance of power is so strong in favor of the ust, the court steps in and says no. nice.