Motion To Dismiss

[coma]

Well, this sucks...

We got a motion to dismiss from the US trustee. He says our expenses are too much. Our rent should only be $1500, for a family of 4 in HI, but the military allows us 1900 for housing. Our utilities should only be $200, instead of about $350...they want us to convert to a 13. They also griped that our vehicles are too expensive. If so, and the vehicles have to go back, si it possible to get a car in a 13? A decent, reliable car? We really need two, because I want to get a job, but I guess I can't now...I'm so upset right now. They said our electric bill should only be $100 a month...in HAWAII!! We have the highest energy prices in the country. I have a friend in a 2 br apartment who has no a/c and still has a $150 electric bill.

We lived in a cheaper house earlier this year (1375/mo), but moved because it was a dump, and the landlord sucked. So we moved into a housing area that was military friendly and based rent on BAH, which was $1900...well, when we went to renew our lease, they did away with their military lease, and the civilian lease would've cost about $2500/month, so we took $4000 from my school refund and moved into the house we are in now, which is also $1900. The trustee is pissed about that being on the eve on BK, but we were trying to save in the long run as we can't afford $2500 a month!!

So what now? They said something about only allowing $1500 for rent...are they going to make us move...make my child change schools AGAIN!? NO WAY! The market is so tight here anyway, that there's nothey for $1500, nothing bigger than a 2 br. My kids are too big and too close in age to share...if the military allows $1900, WTF.

He also said something about a 5k downpayment for my car, but I didn't make that. I applied witha 5 K downpayment when I did the app on the internet, but when I went in to the dealership to choose my car, they told me I could be approved for more, with less down, whcih sounded good, because I could've used the money elsewhere. My loand papers show this, so it should be an issue, but otherwise, I'm at a loss here...are we going to be left with a vehicle...
I am so upset righ now...I don't

[bkfiler]

im sorry to hear that. damn that US Trustee.

you dont have to move if you can still afford it. its just that all the payments will be based on what they expect you to be able to pay. so in the end you might decide to move based on what you have left to pay.

do you have an attorney? if not then i would go ahead and get one now. what did your attorney say if you had one?

a lot of this is a 'fight' and you both go back on fourth based on the old laws at least. your fight is now on and you will do better then you think. you just have to work it through.

if you didnt pay 5K down then there is nothing he can do about that 'downpayment' absent of proof so dont worry about that. as for keeping the car i dont know how that works.

the fight i speak of is showing proof that you need to pay more cuz it is HI. new laws would be a problem for this. old laws turn this into a fight to the death.

[StaciMM]

Did you file w/ an attorney? They can discuss these things with the US Trustee. Gather whatever documentation you can that your budget figures ARE reasonable.

There are others here who had to deal with the US Trustee, so you'll probably get some thoughts from posters who have been where you are now.

[coma]

No attorney, but we're going to see get a consultation. We don't really have the money to hire one, but I'm going to get the consult anyway...I've got a huge headache...The motions said 940 a month for 36 months, which we can do, even if we stay here. We can't affor to move again. There's no onpost housing, and the income figure they have takes into account the housing allowance, which we wouldnt have if we lived on post anyway...our rent is equal to that. I think I took his words too personally...like we were a bunch of buttheads...i lost my job over three moved and three depolyments in about 5 years, plus, our income declined when he came home the last time, in HI, where everything is SO expernsive...I'm sorry for the rant...

[bkfiler]

dont worry about the ranting. that is what we are here for. we rant!

if you can afford $940 per month then how can you not afford an attorney?

get yourself an attorney even if you cant afford it. the US Trustee is taking advantage of you quite possibly. an attorney will preserve and scure your rights not to mention know all about his problem.

dont get one consultation. get 6. i kid you not. you will thank me for making you do that. you will learn more each time and you need to find an attorney that says "that US trustee is a dip!" and that you feel comfortable with.

you do NOT want to pay $940 per month for 36 months. no way, now how.

[kaua4me]

I don't know what to say to you, but I feel you. I know exactly what you are going through. I live what you are going through and I can't wait to get off this rock that costs so much to live on. It is just getting worst.

My advice is to stay where your at, they can't make you move. If all your money is getting disposed to all your living expenses hey, that's LIFE! The car, I don't know! And also check with an attorney as soon as you can.

And I hope everything turns out well, I bet it will.

[FilingOnMyOwn]

Sounds like your trustee is from the mainland. I suppose you could let him dismiss the case, then refile afterwards and hope you don't get the same one again? I dunno, thats probably what I would do.

[robivi3]

$1375.00 in Hawaii. MY GOSH, THE MAN IS AN IDIOT. I'm in South Florida, it is hard to get more than a LIVEABLE two bedroom for that. I can't imagine how Hawaii is! I pay 200.00 electric during winter, 250.00 - 300.00 in summer plus 100.00 per month for water. Has the man taken leave of his good sense or is he just utterly screwing with Military people, the one group that needs a wide berth as far as liberality in applying the letter of the law?

[FoolAndHisMoney]

Here's what they are going by:

http://www.usdoj.gov/ust/eo/bapcpa/bci_data/housing_charts/irs_housing_charts_HI.htm

http://www.usdoj.gov/ust/eo/bapcpa/bci_data/hawaii_expense_standards.htm

http://www.usdoj.gov/ust/eo/bapcpa/bci_data/IRS_Trans_Exp_Stds_WE.htm

[robivi3]

He is using the standard...

[coma]

He is using the standard...

Great, well I have a husaband and two small kids...that makes four which is $1943...not $1500...

eta...all of our expenses, in a family of 4 with gross of 5000 a month (which includes our non taxable housing allowance) in th line with the allowable expenses...nothing is out o the order. We do have tow newwe vehicles totalling in $850 in payments...that may be the problem, but we are current and will continue to be current if allowed to keep the vehicles.

My husband is talking about volunteer to go on a fourth tour over there so the kids and I can still receive his pay based on HI, plus combat money...this sucks...

[StaciMM]

Any idea if the trustee normally works in HI, or if he is perhaps borrowed from the mainland due the # of filings? Either he is clueless, or he is pushing you (since you don't have an attorney) and hoping you'll break.

[edwards2]

Coma, I would be one of the posters who has had experience with the infamous U.S. Trustee. I can say firsthand I have felt your pain...let me briefly share our(husband and I) one on one with the trustee. We received a letter from the U.S. Trustee with a motion to dismiss...actually she asked(the day before the discharge) to have the time extended in our case and of course, it was granted. This was done in an effort to totally research and ultimately challenge one of our expenses. Needless to say I was the poster child for anxiety...ask anyone on this Board and another one I post. For the record these guys will be your lifeline; they were mine. Anyway, we did have an attorney and I agree with the others you need to consult one. You have to have someone there to represent you. Even though we sold our case to the trustee, having legal representation was an added plus. She questioned our private school tuition claim because it was over their approved limit. We did not know that until we had our 2004 Exam. That meeting is among you, your husband, your attorney? and the U.S. Trustee. We were fortunate that our trustee was non-confrontational and really very understanding. I think the key is to be completely candid...if you are given the opportunity. I did that and I truly believe that is what put us over the top. She was unaware of the specifics; once she understood why we were in our situation she told us we had been through enough...and our case was discharged. I know you are freaking out and that is understandable but it is not over until it is over so dont give up but do consult a lawyer...take it from someone who has been right where you are. I really think you need legal advice/help. Your husband is performing a valuable service to our country and we are all infinitely grateful. I am sorry you are going through this but we are all here to help. Keep us posted. We are pulling for you!

[bkfiler]

aww edwards2, what you dont know is that your trustee was going to TAKE YOU DOWN! all of us here had a one on one with the us trustee in a dark alley and made her understand what she should really do for you. we said you better make them happy or else we not gonna be happy capesh?!

[coma]

We're going to get an attorney, and thanks, everyone...I'm still freaking out, but I guess there's not much that can be done until we get to say our piece in from of the judge. It just irks we that they can do this...I want to file a motion to dismiss the damn trustee....for substantially being a butthead...