Motion to dismiss, again.

[justbroke]

Our cell phone bill is 119.00 per month. Hubby HAS to have a cell phone, he HAS to have texting and internet hookup, and HAS to have GPS service... I wonder if they will fight that?

Very easy to rebut the Trustee. If it is "income producing" or a requirement for employment, then it's a necessity, since it's needed to provide "food and shelter" for the debtor and/or his dependents!

[Kingxray]

Hey justbroke, I just found something of intrest that may explain our motion to dismiss.

Our report of no distribution filed by the panel trustee is wrong. The amount he reported to be discharged is much higher than our petition states. I think that is where the UST got the idea that we were surrendering both houses. I think the panel trustee included the home we we are not surrendering. This could make all the difference, as that appears to be the crux of their case.

Left a message at the lawyer's office. I hope he gets it before he makes a deal with the UST, yikes.

[justbroke]

Hey justbroke, I just found something of intrest that may explain our motion to dismiss.

I really hope it was that simple of a mistake on the panel Trustee's side! I'm sure you worked the numbers front and back and were confident that you passed. Perhaps if that's the issue, then your attorney should be able to get the UST to withdraw their motion to dismiss in the best case. Worse case, you go to a hearing and tell the UST to prove it.

[Kingxray]

I really hope it was that simple of a mistake on the panel Trustee's side! I'm sure you worked the numbers front and back and were confident that you passed. Perhaps if that's the issue, then your attorney should be able to get the UST to withdraw their motion to dismiss in the best case. Worse case, you go to a hearing and tell the UST to prove it.

I really think it was just a clerical error on the part of the panel trustee, go figure. I don't blame the UST for filing the abuse. If we were truly giving up both houses, we would be rolling in dough. The rest of the motion is just piddley garbage used to sweeten their case. As you said hopefully they will just withdraw the motion to dismiss. After all we do have the reaffirmation papers filed with the court, so we are in good shape. I'll let you know, thanks.