UST got involved 341 on Tuesday

[liboton21]

I filed BK7 in January 4, 2010 central district CA but the UST have some issue with my income. Basically in April 2009, I received a back pay from my company and when the UST saw my pay stub they question my schedule I and J not matching with my income. Also, dependents were not included as family of six in Sch I. My lawyer explained, the back pay does not cover the 6 mos look back and even it was included there is still no presumption of abuse for the means test. This was requested by UST to modify my schedules, is there anything I need to worry during the 341? Or does the UST just need to make all my papers are squared away prior to 341? Thanks in advanced.

[backtoschool]

What does your expense schedule look like? How much money i left at the end of the month on your expense schedule? That will be more what the US trustee will be trying to change. If you have over $150 or so left at the end of the month, then the US trustee will try to push you into a chapter 13.

[albacore44]

thats odd. Income received april 2009 would be beyond the 6 month look back, and should have no bearing.

Now the dependants. Are you saying that the UST is objecting to your claiming 6 dependants ?? Did they ask you to list them, ages, % you contribute for their support etc. ??

[liboton21]

What does your expense schedule look like? How much money i left at the end of the month on your expense schedule? That will be more what the US trustee will be trying to change. If you have over $150 or so left at the end of the month, then the US trustee will try to push you into a chapter 13.

I have less than $150.00 a month left but the revised schedule includes the backpay with explanation of the six mos lookback and my actual gross without the backpay.

[liboton21]

thats odd. Income received april 2009 would be beyond the 6 month look back, and should have no bearing.

Now the dependants. Are you saying that the UST is objecting to your claiming 6 dependants ?? Did they ask you to list them, ages, % you contribute for their support etc. ??

Actually, the UST wants to list the ages of each of my four kids. It shows only one kids in the schedule it was a mistake by the paralegal but everything was all amended and explained to satisfy the UST (Judge Carroll).

[albacore44]

thats interesting. i just reviewed my filing papers and on none of them are the names of my dependants listed. sounds like the UST was probing to see if he thought all your dependants were qualified. were you over the median ?? were you required to take the means test. in my case i was exempt from the means, since with my household of 6, it put me just under the median. My household included me,my wife,daughter, son + his wife, and my mother-in-law, all of which i can say are part of my household.

[backtoschool]

I have less than $150.00 a month left but the revised schedule includes the backpay with explanation of the six mos lookback and my actual gross without the backpay.

I think the US Trustee is looking for expenses to cut to push you into a chap 13. Are you close to $150 a month left over? What exactly is left over on your expense schedule? If the US trustee could eliminate one of your dependents then that might push you into a 13. That is what I think the motivation is...

[liboton21]

thats interesting. i just reviewed my filing papers and on none of them are the names of my dependants listed. sounds like the UST was probing to see if he thought all your dependants were qualified. were you over the median ?? were you required to take the means test. in my case i was exempt from the means, since with my household of 6, it put me just under the median. My household included me,my wife,daughter, son + his wife, and my mother-in-law, all of which i can say are part of my household.

I was over the median with family of six, four kids and a wife. Maybe that is why I was being scrutinize by the UST especially the median family income in CA went down a lot. I still pass the means even the backpay was included so I'm not worried.

[albacore44]

I was over the median with family of six, four kids and a wife. Maybe that is why I was being scrutinize by the UST especially the median family income in CA went down a lot. I still pass the means even the backpay was included so I'm not worried.

Well hopefully I slip past without any questioning. My attorney told me the UST doesnt question his filings, because he's never lost an argument with them, and they dont like the embarrasment or want case law established against them.