help please!!! chap 7 presumed to abuse letter

[lpaxton1971]

letter

I got a letter in the mail today. it says that no party has filed a request for an order of dismissal. it says that this case is not and was not subject to automatic dismissal under 521(i)(1). is this a good thing? does anyone know? i got on pacer and it said that my case is not subject to dismissal. thanks again for all of your responses.

[lrprn]

I got a letter in the mail today. it says that no party has filed a request for an order of dismissal. it says that this case is not and was not subject to automatic dismissal under 521(i)(1). is this a good thing? does anyone know? i got on pacer and it said that my case is not subject to dismissal.

It's a good thing. Your local bk court is stating your bk filing is accepted by the court and cannot be automatically dismissed. (Dismiss = the court terminates your case before its normal end and all your debts come back as they were before filing plus interest and late payment penalties. What you want when filing Ch 7 is a discharge - that's what wipes out all the non-secured debts and any asset debts that you surrendered.)

"No party has filed a request for an order of dismissal" means that none of your creditors have challenged your filing as abusive in the time they had to do so.

[killinstinct]

I would still be concerned about the presumption of abuse filing. That means they want you in a 13. Everyone has the right to file BK volunarily. You can be barred from a 7 if the TT believes you can afford to fund a 13. That is what it sounds like they are trying to do.

[aces67]

I also would be concerned. We got the presumption of abuse and then a motion to dismiss was filed by the UST.

You said your disposable income was $500 but the lawyer has it listed as 0. Is your disposable income truly $500? Because if it is I can't see the UST letting that fly.