UST requesting 90 days for discovery ? WTF??

[Ruthanned1]

UST files motion for dismissal hearing and it says: discovery is necessary..please allow 90 days for written discovery and to prepare depositions.. WTF does this mean ? i filed a 7 12/17/09 with NFS we are over the means , but with all our mandatory deductions... we are negative on the means test
anyone know what this is about

[lrprn]

The US trustee thinks your filing that states you qualify for Ch 7 is questionable. Their office has asked the court to allow them time (90 days) to investigate your finances - assets, expenses, etc. - that's the "discovery".

You said you filed in December 2009 and it's May now - when did the US trustee's office file their objection? Did you see the UST's objection on PACER or did you receive a letter from their office in the mail?

Did you file with a bk lawyer or file the case yourself without a lawyer (pro se)?

[Flamingo]

As lrprn states, the UST suspects your filing may be fraudulent so they have set it aside until they do a complete investigation of your financial, asset and debt situation. Discovery is a time period when documents are requested and submitted for review before a decision is made on the matter.

[Ruthanned1]

I have a lawyer , o did not see the objection on pacer , just a letter from their office . If they find that all info received is right can they file a motion to dismiss before the hearing ? What is the hearing goingto be about it says it'll last aprox four hours , witnesses : debtor and bk analyst . Does my lwer go with me ? What type of questions r asked ?

[newbie2]

I have a lawyer , o did not see the objection on pacer , just a letter from their office . If they find that all info received is right can they file a motion to dismiss before the hearing ? What is the hearing goingto be about it says it'll last aprox four hours , witnesses : debtor and bk analyst . Does my lwer go with me ? What type of questions r asked ?

You absolutely need to call your attorneys office and make an appointment for a face to face meeting with him/her. Only by sitting down with your attorney can you get to the "meat" of what the UST wants and his objections, and how to handle yourself during the hearing.

Good luck.

[Ruthanned1]

The lawyer ... Had messed this whole thing up !

You absolutely need to call your attorneys office and make an appointment for a face to face meeting with him/her. Only by sitting down with your attorney can you get to the "meat" of what the UST wants and his objections, and how to handle yourself during the hearing.

Good luck.

First , the initial means test was filed ... I did not get a copy of it till I saw her s month later at the 341 . ... Now looking over things she has the numbers all wrong ! I received the motion to dismiss in feb . .. I went to see layer in April told her that I wanted the means test amended .. Which she amended and filed ... When inlooked onpacer it was wrong again ! She only changed a couple things on it .... Makeing us 9000 in the hole a month ! I told her of the mistake I saw which on one of the lines on aced I or j she had that my husb brings home 123 dollars a month !! ... So she amended that .. Filed it and it is still wrong ! Frusterated I dd the means test on my own .. With a fine tooth comb ... I took hours ! My formulation I came up with us having 90 a month left over after all qualified deductions .. Which that result gets us a seven . I faxed it to her yelling her I want it filed so the us trustee and judge can see it . She replied with .. " it does not matter the amount u came up with is for the previous six months before u filed " "the us Trustee is concered about your income goin forward " I asked her what timeframe they r using .. She cannot give mr an answer . I asked her if my husb 9000 income tax refund is counted in their new figures .. She cannot answer that either . She said the recomendation from us trustee is 842 a mo th for five years not including my 347 car payment and 250 private student loan payment !! Our confit
ation hearing is June 2. ... She does not get back to the office until the 24th . I asked her to send me schedules I and j that shows those figures and she said she will work on it when she gets back . I also told her about some of my creditors that I gave her in the beginning r not on the matrix . She replied since u did not look o er the packet when it was filed , ( I did not see it until the 341hearing ) u will have to pay 176 to add the creditors since u were holding them back .. I was nt holding them back ! She did not add them ! I don't k ow what to do I feel like I need to just do this alone as she has effed things up ! I would like to let he trustee and us trustee k ow of my issues so that they will look at my figures on the means test nut lawyer said she down not intend to file the amended copy because they r looking forward anyway ! Any suggestions ? Family of 4, Colorado married filing singly . Nfs income and mine come up to 113,00 after all deductions monthy income is 9000 after monthly expenses it leaves us ninety dollars . I can't afford to lose this case I d
feel we qualify for a seven but with all her schedules and amended schedules which were all wrong ! Brought suspicion to my case .. I dd not look over things until recently because I trusted that she k ew what she was doing and paid 2300 ... How do I let the trustee and or judge know my concerns about how my case has been handled ?
Ted

[SMinGA]

You should have reviewed/signed the petition before it was filed. Sounds like either you signed without it being complete & accurate, or your attorney filed a petition without first having you sign it.

[Ruthanned1]

Please excuse all my typeos ! I am typing on my phone and have my seven moth old and my 23 month old who r both on my lap ; ) has anyone heard of the trustee going forward ? If so what time frame do they use? I filed dec 17 2009 , the six months previous is June through november . In which my husb received a nine thousand dollar bonus . Which was figured in the income . If they do Jan through June it'll be a more realistic show of our income as that bonus was unexpected and heavily taxed . He used it to pay our medical bills that we outstanding due to my complications with pregnancy. Should I just go bolo and file on my own ? How will they treat that ? I heard of some cases that the judge gets upset that the client was effed around my the laywer and makes them refund the fees ! Where do I look for court rulings of cases Like mine ? I would like to have something to refer to . Also I want to see if the judge always goes for what the us trustee is recommending . Or errs on the clients side when all proof is available . ?

[Ruthanned1]

You should have reviewed/signed the petition before it was filed. Sounds like either you signed without it being complete & accurate, or your attorney filed a petition without first having you sign it.

I signed the initial packet .. But did not really understand how the means test worked so I trusted her expertise in that .. So I did Take the time to look at the figures ... I wrote in the creditors that needed to be updated . When she filed .. Over a mo th in a half later ... I trusted that everything was added . Now I find it all effed up .. Do I have any recorse ? Toward the lawyer and the mistakes. She has filed ? For example ... I surrendered my condo ... And she listed the monthy payment plus the monthy payment of my husbands place .. Which us trustee objected because "I" added the house payment that was being suurendered . Can I call the trustee ?

[blockhead]

If you filed Dec 17 2009 they use June-Nov for Means test. But they also look at schedules I and J. If you have all the evidence and get the UST what they need, you should be OK. UST is scary for sure but doesn't mean it won't work out.

[Ruthanned1]

Even if now they want to "look forward" ... How can I let the us trustee and trustee know of my concerns regarding the lawyers actions ? Where do I go online to read recent court opinions?

[69corvair]

The US Trustee will have an attorney in your district that polices debtor attorneys. If you are that seriously concerned with what is happening, and not getting good answers (for example, you mentioned a "confirmation hearing" and that only happens in Chapter 13, not 7 - and the timelines in your case don't make any sense).

The means test form is tricky and very formulaic - it may well have been technically correct, and create a presumption of abuse, but it can be rebutted. If the UST thinks you should be in a Chapter 13 with payments of $800+/mo, you and they are WAY, WAY far apart on perceptions of your true financial situation in the present.

I agree with one of the earlier comments that you should ask for a sit down with your lawyer. Among other things, 2300 for a Chapter 7 seems pretty far above average & then to nickle & dime you for an amendment... If you don't get satisfaction from that meeting, call the UST office in your district and tell them that you wish to arrange a meeting to discuss the competence of your attorney (Don't speak to the attorney filing motions on behalf of the UST in your case - call the main number). Since they are "in" your case, and a conflict of interest may arise, they may ask you to take this up with the state Bar. Ultimately, if you send a (very) polite and highly detailed letter to the Judge assigned to your case asking him to review the actions of your attorney (be sure to include your full name and case number), and ask for a hearing, you will probably get one.

Good luck!