341 today with US TRUSTEE

[tdawg]

I don't drink either, but thanks for the gesture of good will.

I'll take it!

[liboton21]

Maybe give him a red horse or mig light..

[aljohnson007]

I will sacrifice and accept the JWB. Anyway, the TT at my 341 asked why my wife didn't also file so my response was simply "the debts were all mine."
Wishing you the best outcome.

[mautang21]

thanks ALj...I am expecting an Audit. I'll welcome it. Hope for the best and preparing for the worst.

[BnkrptcyLwyr]

I was telling my lawyer about it that they are not included but he keeps on insisting they might overlook. I just said fine. Here is the thing that will really really decide me between 7 and 13. My wife's FICO credit score is around 710-720, we were never have anything joint except the house, she pays 700 a month on her credit card which she owe's 21,000. I said is is protecting her credit, she's an auditor for the State, And I said isn't it they credit management class and bapcpa says never pay the minimum. with her good credit her minimum payment is low. I am just afraid the the trustee will motion that if she only pays the minimum I can fund a 13. JB helped me more than my lawyer. Believe he, he sat there staring at a painting while I go at it with the trustee. Justbroke, do you think if i get a new lawyer he can argue that the 3 1/2% payment is justifiable? I already sent a fax to the US TRUSTEE from my spouse to explain why is she not filing.

First off ... DON'T BE FIRING OFF YOUR MOUTH TO THE UST!!!

Next, this is where your lawyer has to be savvy, and argue the marital deduction properly. You do not have to include your wife's income in total. You only include that portion of your wife's income that she contributes to the expenses of the debtor, or a dependent of the debtor. Whatever income she contributes

Give your lawyer the following cases regarding the non-filing spouse and the marital deduction ...

In re Welch, 347 B.R. 247 (Bankr. W.D.Mich., 2006).
In re Clemons, 2009 WL 1733867 (Bankr. C.D. Ill., 2009)
In re Coup, 2008 WL 2388114 (Bankr. N.D. Ohio, 2008)

Furthermore, did your lawyer examine your case for "special circumstances" under the means test. Has your income dropped? Did you have overtime income during the six-month look-back period? Did you receive a one-time bonus? Do you have higher than normal expenses related to your work/business?

I have a whole collection of cases dealing just with what kind of special circumstances are allowed (including 401k loans, 401k contributions, and student loans!) Some are controversial, some are well accepted.

I've gone in and "fixed" many of my boss's cases after an objection from the UST was filed, and most all were resolved in our clients favor. The means test requires attention to detail, and knowing the special circumstances (which often save the day). I had the UST Trustee tell one of my clients, while I was standing there, that "your attorney did a great job, most attorney's would not have put in the amount of work that he did." By the way, that UST ended up conceding I was right and dropped the motion to dismiss.

I've seen other attorneys who just have no idea how to argue the means test. Pretty sad.

[mautang21]

I had to. I was prepared not to because that what I was told. The UST asked, i waited 5 seconds my lawyer did nothing. I had to respond, then next question waiting for my lawyer to say something, nothing again. I was forced in a situation that I had to act. I have a bad lawyer, before the meeting he handed me my papers. I said those were wrong, I had to do 2 amendments to my schedule. I know I should have not done to communicate to the trustee but did that hurt me than say "I don't know" or my lawyer will whisper the sounds of silence.

[mautang21]

I think I'm quitting. If they file a motion to dismiss or convert, i'll just give in. Maybe I have created damage with the explaination letter my spouse sent. she meant no harm, she would have not if my lawyer handled the ball. he didn't even drop it, din't even hold it. My luck...Goodluck to you guys. This is a great forum. I should have membered first before filing.

[BnkrptcyLwyr]

No, you don't give up. They have to actually file a motion first. And they may well not.

[mautang21]

I dissed my lawyer 2 days after my 341 meeting. Since then
I got 14 email exchanges with the USTrustee, 4 amendments to my petition, she made 3 motions. It almost killed the living daylights out of me. And today, on entry number 37 on pacer. BNC request of Discharge. Looking at this forum helped me through the whole thing. The tips here gave me enough hope I needed to go through it all.

[Meatstick]

Great news and congrats on fighting the good fight !

[blockhead]

Spouse

Isn't it up to her if she doesn't want to file ? Can you pass means test if she pays min credit card payments only?

[coolmom04]

Congratulations!! I can't imagine the stress you've been under!

[In2deepnow]

great

[bobbyquefour]

Thanks JustBroke. I will hire you everyday and twice on sundays to represent me. I only sent that since there were no questions directed to me. Everything is about my wife's payment and two cars that she has. And besides my wife would have sent it. And there's nothing wrong with it. I am clean and ready for backing on every expense. Life jb just said, they are maybe looking at the angle of totality of circumstances. If I survive this, after march 8, my last day if I get there... Someone sent me a johnny walker blue last chiristmas and I don't drink. I am more than willing to donate to you JB.

Well if you need someone to take it off your hands...........