Good luck to you. thanks for all the information on this court. I'm right behind you.
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Tomorrow is the big day against the UST
Collapse
X
-
"Unfortunately, these debtors are not eligible for chapter 13, as their unsecured debt exceeds the debt limits. Student loan payments are not deducted from calculations. Presumption of abuse has arisen that has not been rebutted. Dismiss case unless debtors are prepared to convert to chapter 11."
This was on the website this AM for her tentative ruling. I supposed she means that it was not rebutted sufficiently to satisfy her, because it WAS rebutted in my filed opposition.
So....not good. This should be a fun waste of a day when we go.Teacher Momma
Comment
-
Originally posted by TeacherMomma View Post"Unfortunately, these debtors are not eligible for chapter 13, as their unsecured debt exceeds the debt limits. Student loan payments are not deducted from calculations. Presumption of abuse has arisen that has not been rebutted. Dismiss case unless debtors are prepared to convert to chapter 11."
This was on the website this AM for her tentative ruling. I supposed she means that it was not rebutted sufficiently to satisfy her, because it WAS rebutted in my filed opposition.
So....not good. This should be a fun waste of a day when we go.
I'm sure she will listen to oral argument, so keep us posted. You opposition laid out the facts. Keep us posted!Last edited by 2manybills; 09-30-2009, 07:18 AM.Filed Chapter 7: 7/3/09
341 Hearing: 8/6/09 - Went Smoothly!
Discharged: 11/30/2009
Closed: 12/16/2009
Comment
-
maybe find some way to compromise? ask if there is some other way to proceed other than the stressful ch 11. or ask for some modification of the hard things in the ch 11. maybe she'll be reasonable and find a way to help you through the process. you are pro se, after all.filed ch7 May 09
341 june 09
discharged, closed Aug 09
Comment
-
i really have no idea, but sometimes you can get creative with the law and still remain within the law. if it looks like it does right now, just say something like "your honor, there must be another way" and see what happens. i mean, i don't think the lawmakers intended for someone like you to be stuck in such a predicament, so maybe there is a way to interpret the law to help you. maybe she'll take some time to think about it. often they say that if the law ends up in an "absurd result" judges may interpret it so it makes sense. just try, i have no idea what would happen.filed ch7 May 09
341 june 09
discharged, closed Aug 09
Comment
-
also, you must have done a ton of research already, but have you looked at the legislative history to see what the lawmakers were thinking in setting the cap? i.e. what were they saying in congress when they were passing the bill? maybe you could find something there that would show that you are not the type of person the lawmakers intended to end up in ch 11.
you can also ask for time to prepare something about thisfiled ch7 May 09
341 june 09
discharged, closed Aug 09
Comment
-
Good luck teachermomma! I feel for you. We are going through the same thing but have not had our initial hearing yet.
I agree with Music. Maybe you can work something out. That is what our lawyer is trying to do. He is going to call the UST when it gets closer to our hearing and see what her beef is and what we can do to resolve it before going to trial, even if it is a cheap 13.
I don't know your story but I will look up your threads in the archives. I wish you the best tomorrow. Keep us posted!
Comment
-
Well, that was lame.
We have 10 days to convert to an 11 or dismiss. The goal of the 11 is to pay down some of the debt and convert to a 13.
No oral arguments-everything had to be submitted in the documents from both sides (it was). UST was nice, we talked before and he let us know what he was thinking about some stuff, and said if she rules on her tentative and we do convert that he has some names of attys for me (gee-thanks). I got a little upset with him prior cause he was talking to me as if it had been decided, and he had asked "well do you want to convert because I will do the conversion order for you if that what she rules, I don't want to put more stress on you" and I flipped a little bit and I said "NO I want her to do what I asked for in my opposition-so why don't you relax till we go before her".
So much for that.
Sigh.Teacher Momma
Comment
-
This may mean consulting with an attorney, dismissing and filing again in six months.
I was hoping that the Judge would give you a break since you were pro se. I think (IMO) that because the monthly student loan payments are so high, it raised eyebrows for sure! It shouldn't make a difference whether they were $2k a month or $300 a month.Filed Chapter 7: 7/3/09
341 Hearing: 8/6/09 - Went Smoothly!
Discharged: 11/30/2009
Closed: 12/16/2009
Comment
-
Originally posted by TeacherMomma View PostWell, that was lame.
We have 10 days to convert to an 11 or dismiss. The goal of the 11 is to pay down some of the debt and convert to a 13.
No oral arguments-everything had to be submitted in the documents from both sides (it was). UST was nice, we talked before and he let us know what he was thinking about some stuff, and said if she rules on her tentative and we do convert that he has some names of attys for me (gee-thanks). I got a little upset with him prior cause he was talking to me as if it had been decided, and he had asked "well do you want to convert because I will do the conversion order for you if that what she rules, I don't want to put more stress on you" and I flipped a little bit and I said "NO I want her to do what I asked for in my opposition-so why don't you relax till we go before her".
So much for that.
Sigh.
From what I have read, it seems to me that you would end up in a 0% chapter 11, with all the money going to your loans and your house. This is pretty much what would have been left undischarged in a chapter 7. So the difference is in the paperwork (huge. ) and the initial fees.
In the long run (even the mid-term), you will still be discharged from all of your other unsecured debt. The key here is how quickly you can "close" the chapter 11 after confirmation, and avoid the quarterly fees.
So, although I am sorry you didn't get the chapter 7, I am feeling positive that you will get a 0% chapter 11 and will get your other debt discharged.You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under
Comment
-
Originally posted by 2manybills View PostThat's a good question backtoschool, but I'm wondering do the student loans just going into forebearance for the length of the plan and accumulate interest and charges. So in the end. . .You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under
Comment
bottom Ad Widget
Collapse
Comment