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Crap-1 day left and the UST is asking questions

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    Crap-1 day left and the UST is asking questions

    crap, what i have been dreading has happened. Stopped by costco on the way home from work to pick up a couple of things. my cell phone rings, and I notice in C-ID is my attorneys office. His wife asks, have you filed your 2009 taxes ?? I say no, i'm probably going to have to pay, so i took out an extension. she says Ok wait a minute,pause, she comes back to the phone. your dependants, who will you be claiming, I say who is asking, she says the UST. crap. she says dont worry, he is a friend of ours. so i tell her about the dependants, exactly as filed on my petition, me,wife,son, daughter,sons wife, and 83 year old mother-in-law. all live here and I support them. she says dont worry .

    so i check pacer, nothing there, last document filed disposition by the panel trustee 3/9/10. last day for objections 5/7/10.

    i'll be sweating bulletts until tomorrow at 5 pm.
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

    #2
    Did the trustee already file a report of no distribution?

    Comment


      #3
      I really don't think you have anything to worry about, the UST is just double-checking your numbers because of all your dependents. Did you include them on last year's taxes?? If the UST pushes, I'm sure our attorney KNOWS what to do, he wouldn't have filed your petition if there was a problem....
      Hang in there and don't sweat it
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


        #4
        No. not the additional 2. anyhoo, all my expenses were on the light side, they were not what you would take for food, clothing, etc, for 6. it was more in line for a family of 4, and i did not use actual expenses for utilities which were higher, and i still came out -negative. The only benefit I got for claiming 6 was it put me under the median. i have complete confidence in Joe. it just makes you nervous to have this on the last day.
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

        Comment


          #5
          Good, glad to hear that you "went on the lighter side" when claiming your dependents/expenses, so your whole petition isn't based on ALL the dependents. So even if the UST throws out "a few dependents", you'll be over the median, but still in the (-) Joe will know how to handle it...
          May 2008 Hired 1st Attorney/Stopped paying CCs
          May 21, 2009 Retained 2nd Attorney
          May 28th - Filed for Ch 7 (FINALLY!)
          9/11/09 - DISCHARGED!!!!

          Comment


            #6
            well i just got a message from Joe, and the UST is challenging my case, so he wants to talk. nothing filed on Pacer yet
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

            Comment


              #7
              what does Joe think?
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment


                #8
                i'll have to wait and talk to him. but i just looked over my petition again. He did use my exact #'s for utilities, car payments, etc., i averaged everything over 12 months, and I'm -439 for a family of 4. all my expenses are proveable, and that doesn't even include the $800 a month for my 401K loan repay. I think we can make this go away, i just did not want this pain extended any longer.
                Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                Comment


                  #9
                  I feel your pain I'm sorry you're having to go through this. I'm glad you have plenty of proof to back everything up!
                  Filed Ch.7 on 03/17
                  Statement of Presumed abuse filed 707(b) 05/03
                  Statement of Non-Abuse filed!!
                  Discharged 06/23/10

                  Comment


                    #10
                    Originally posted by albacore44 View Post
                    well i just got a message from Joe, and the UST is challenging my case, so he wants to talk. nothing filed on Pacer yet
                    God that sucks. Everyone's worst fear is that dreaded last couple of days. Why the heck do they wait that long to do this kind of thing? The 60 day wait is agonizing enough as it is. So sorry for you and hope things turn out well.

                    Comment


                      #11
                      Originally posted by albacore44 View Post
                      i'll have to wait and talk to him. but i just looked over my petition again. He did use my exact #'s for utilities, car payments, etc., i averaged everything over 12 months, and I'm -439 for a family of 4. all my expenses are proveable, and that doesn't even include the $800 a month for my 401K loan repay. I think we can make this go away, i just did not want this pain extended any longer.
                      Good luck to you albacore! I can't believe they are waiting until now to file an objection or ask questions about expenses. If everything's there, you should be fine. It sounds like you have a good attorney who is on it. Keep us posted.
                      Filed Chapter 7: 7/3/09
                      341 Hearing: 8/6/09 - Went Smoothly!
                      Discharged: 11/30/2009
                      Closed: 12/16/2009

                      Comment


                        #12
                        Well, i just got off the phone with my attorney. they UST will be filing an extension to further review the case. he is not filing a motion to dismiss at this time. he wants declarations signed that my 2 additional dependants, 22 year old son, and his 24 year old wife have no income, or contribute to living expenses which is the case, since they both dont work at this time. so he is going to have to rework my #'s into something he can get through.

                        ohh, and it's going to cost me more $$$
                        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                        Comment


                          #13
                          Originally posted by albacore44 View Post
                          Well, i just got off the phone with my attorney. they UST will be filing an extension to further review the case. he is not filing a motion to dismiss at this time. he wants declarations signed that my 2 additional dependants, 22 year old son, and his 24 year old wife have no income, or contribute to living expenses which is the case, since they both dont work at this time. so he is going to have to rework my #'s into something he can get through.

                          ohh, and it's going to cost me more $$$
                          It sounds like you'll be fine! And of course, it's going to cost you more money. But it will be worth it for sure!

                          Have you started working with Wells? I'm just starting and so far they've been okay.
                          Filed Chapter 7: 7/3/09
                          341 Hearing: 8/6/09 - Went Smoothly!
                          Discharged: 11/30/2009
                          Closed: 12/16/2009

                          Comment


                            #14
                            Please keep us posted.....thinking about ya.

                            And of COURSE you have to pay more money after already paying out a boatload. Of COURSE. =(

                            Comment


                              #15
                              I can't believe the UST is wasting his time on a No Asset and under the median income case. But, it is not without some level of expectation.

                              We're all behind you Tuna.... err Albacore.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog

                              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                              Comment

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