Clerical Error

[beegtone]

Here's a new one: 60 days into a Chapter 7 and I receive the Motion to Dismiss Case For Presumption of Abuse under 707b (3).

It sounds like this is the kiss of death because of the Totality of Circumstances precedents in the 9th circuit (I'm in Idaho). The trustee is objecting to my inclusion of mortgage expenses for a home that I admittedly am losing in foreclosure and intend to surrender. Even though he did not file a 10 day statement of abuse, it seems that I could be hosed by "totality".

However, the motion correctly identifies me and my case case number on page one BUT gets my name completely wrong on page two:



The name is not a mispelling; it is a 100% different person. Someone was using cut/paste and missed the name.

Anyone seen anything like this?

Thanks,

T

[music12]

start by checking the other person's docket. could this paperwork be meant for that person? if so, maybe it's just a mistake. it's a long shot, but that's the first thing i would do.

[goblue]

Here's a new one: 60 days into a Chapter 7 and I receive the Motion to Dismiss Case For Presumption of Abuse under 707b (3).

It sounds like this is the kiss of death because of the Totality of Circumstances precedents in the 9th circuit (I'm in Idaho). The trustee is objecting to my inclusion of mortgage expenses for a home that I admittedly am losing in foreclosure and intend to surrender. Even though he did not file a 10 day statement of abuse, it seems that I could be hosed by "totality".

However, the motion correctly identifies me and my case case number on page one BUT gets my name completely wrong on page two:



The name is not a mispelling; it is a 100% different person. Someone was using cut/paste and missed the name.

Anyone seen anything like this?

Thanks,

T

Can I ask - where is he objecting your inclusion of the mortgage that you are intending to surrender? On the means test? On the Schedule J? My attorney told me we can include our full mortgage payment on the means test, but we obviously cannot include that amount on schedule J -- instead we will list the rent we plan to pay.

Good luck! Hoping it was indeed a clerical error and it's already been resolved!

[beegtone]

Can I ask - where is he objecting your inclusion of the mortgage that you are intending to surrender? On the means test? On the Schedule J? My attorney told me we can include our full mortgage payment on the means test, but we obviously cannot include that amount on schedule J -- instead we will list the rent we plan to pay.

Good luck! Hoping it was indeed a clerical error and it's already been resolved!

Per the motion:

Schedules I and J provide a measure of the Debtor’s current ability to pay his
debts. The Debtor’s Schedules I and J, as filed, reflect...

[goblue]

Have you had a chance to research this yet? Talk to your lawyer? What is the difference in your mortgage vs the rent/housing allowance in your area? (For me, my mortgage is 2,550 but the rent/housing allowance is only 1,703) If you update your schedule J to reflect the rent allowance - would you still qualify?

I'm really just starting this process so I'm not trying to imply I know what I'm talking about -- just sharing what comes to mind.

Good luck!

[AngelinaCatHub]

About the clerical error: It will not mean a thing if the Motion was intended for our host. Clerical errors are always forgiven such as names or dates in Court Papers.

The Court feels if it looks, acts, quacks, like the intent, then the intent holds up. My name is a common name but often misspelled as I have a double letter at the end not usually on the common spelling. Means nothing.

My adversary sued me for 189 MILLION dollars, a ridiculous amount. However the suit was not dismissed as it was grossly irrelevant to the suits intent.

If the clerical error is so gross that the suits intent is not apparent the Judge can dismiss it without prejudice, but if is is an obvious error, he has leave to continue. 'Hub

[beegtone]

Thanks for the replies. The clerical error isn't really that gross when you look at the context. Oh well.

Goblue: the mortgage amount was $2600. Allowance here is just under $1K.