Finally - attorney says we qualify!!

[coolmom04]

I FINALLY have confirmation from the attorney that we qualify for ch7 with no problems.

During the meeting, I'd asked about the UST involvement since we are about 8-10K over median and the paralegal (whom I met with first) said that the UST gets involved only if you are over the median and then she said something about getting us "under" the median with our expenses. I am assuming she means the second part of the means test... passing that part. Am I correct in that assumption?

She also said very loudly and matter of factly that if they had ANY doubts whatsoever that our case would be questioned or scrutinized to the point where we'd have to defend our case, they (the attorney) would push us to a 13 themselves. So... I guess that means I shouldn't worry?

I haven't retained them yet, but I am next week. They wanted to make sure they could do what we wanted to do before we retained them.

[mtbc]

Trustees can be subtle and quick to anger. Your paralegal may be correct that they'll probably be uninterested in your case, especially as they probably know them fairly well, but there are various red flags that can attract UST interest and trustees can occasionally be surprising; I don't think I'd want to file if I wasn't at least prepared for scrutiny, even if I don't expect any.

If I wanted a chapter 7 I'm not sure I'd bother with an attorney who would roll over to a 13 at the first nudge from the trustee. The regular trustee often gets more money if they can push you from a 7 to a 13 -- they are looking out for the creditors' interests, not yours. Of course, if you are so very clearly a chapter 7 that's great, so you probably needn't worry, but trustees will sometimes try a nudge to see if they're lucky in getting someone to roll over, and if that were to happen to me I'd expect my attorney to at least be open to bothering a little to try advocating on my behalf for easy probably-winnable arguments! After all, I'm paying them to look out for my interests, not to make their own life as easy as possible.

You're probably all fine, though, yes, I just wanted to mention that I was a bit surprised. Others here, including your paralegal, probably know way more than I do!

[mtbc]

Huh, I should add two things:

"defend" a case can mean various things. Of course, I'd expect a cheaper attorney to ask for more money if it looked like we were heading into adversarial proceedings and the like, but I'd be disappointed if they weren't at least willing to try if I ponied up the cash. Better that than years more of payments to creditors in an uncertain job market.

One reason the UST may not automatically ignore all cases that claim to be under median is that it is part of their job to look for fraud where people aren't really under median but claim to be.

But, er, good luck anyway, you're probably fine. (-: I'm just very risk-averse personally so in my ignorance I imagine fearful things!

[LALADY]

I am over median, have enough expenses, qualified for 7. At 341, I was asked to move from main meeting room to room elsewhere where I was questioned by UST. Rec'd presumption of abuse statement. Have 16 more days to learn outcome. Not a big deal as I initially thought I would have to do 13.

[pcn]

I am over median, have enough expenses, qualified for 7. At 341, I was asked to move from main meeting room to room elsewhere where I was questioned by UST. Rec'd presumption of abuse statement. Have 16 more days to learn outcome. Not a big deal as I initially thought I would have to do 13.

So what were the flags, why did they claim presumption of abuse?

[coolmom04]

If I wanted a chapter 7 I'm not sure I'd bother with an attorney who would roll over to a 13 at the first nudge from the trustee. The regular trustee often gets more money if they can push you from a 7 to a 13 -- they are looking out for the creditors' interests, not yours. Of course, if you are so very clearly a chapter 7 that's great, so you probably needn't worry, but trustees will sometimes try a nudge to see if they're lucky in getting someone to roll over, and if that were to happen to me I'd expect my attorney to at least be open to bothering a little to try advocating on my behalf for easy probably-winnable arguments! After all, I'm paying them to look out for my interests, not to make their own life as easy as possible.

You have an excellent point that I hadn't really thought about... if the UST wants to push me to a 13, does that mean my attorney won't defend it. I have an appointment with another attorney on the 12th. I think I'll keep interviewing!