What does it mean??

[horse]

I just looked at our case on PACER and it says it is flagged for NTCAPR - MEANSYES - DEBT ED. Does anyone know what those acronyms stand for?

[GettingGoing]

I just looked at our case on PACER and it says it is flagged for NTCAPR - MEANSYES - DEBT ED. Does anyone know what those acronyms stand for?

NTCAPR - Notice of Appearance filed.

Debt ED- is the financial course you must take before you can be discharged.

MEANSYES- I believe this means that there is a presumption of abuse.

[scorpion35]

NTCAPR - Notice of Appearance filed.

Debt ED- is the financial course you must take before you can be discharged.

MEANSYES- I believe this means that there is a presumption of abuse.

yup MEANSYES means presumption of abuse.

[horse]

So the Trustee is basically questioning whether or not to convert my case to a 13? The words "presumption of abuse" are just legal terms and aren't code for anything more sinister like "lock her up"...?

We told our lawyer right from the beginning we would be more comfortable doing a chapter 13 but nooooo...he felt by the means test we qualified for chapter 7. What got us in this situation is we bought one hell of a money pit of a house. Our home inspector didn't catch half the things he should have but I couldn't get mad at him because during the home inspection he broke down and cried when I asked how his wife was doing. I didn't know she had passed aways months earlier from cancer. He did a house for us two years before and save us from buying that one and at that time his wife was fine. Very sad. I guess I just put all my problems into perspective.

Thanks for all you help and support. Take Good Care each and every one of you!

[GettingGoing]

So the Trustee is basically questioning whether or not to convert my case to a 13? The words "presumption of abuse" are just legal terms and aren't code for anything more sinister like "lock her up"...?

We told our lawyer right from the beginning we would be more comfortable doing a chapter 13 but nooooo...he felt by the means test we qualified for chapter 7. What got us in this situation is we bought one hell of a money pit of a house. Our home inspector didn't catch half the things he should have but I couldn't get mad at him because during the home inspection he broke down and cried when I asked how his wife was doing. I didn't know she had passed aways months earlier from cancer. He did a house for us two years before and save us from buying that one and at that time his wife was fine. Very sad. I guess I just put all my problems into perspective.

Thanks for all you help and support. Take Good Care each and every one of you!

The assumption of abuse is not the end of the world. If your attorney felt comfortable that you would qualify for a ch7 then just contact him and see what he has to say.

[horse]

I was reading about different types of dismissals and a debtor can request a dismissal of their case. I'm seriously considering this at this point in time. I was thinking if I could speak with the creditors myself and work our a payment arrangement (maybe without all the interest fees) with them that we both can live with...it would be better to dismiss the case. It would be a lot less stress for me...which is what I'm looking for at this point. The only thing...I don't know if I'm allowed to negotiate with the creditors or if my lawyer has to do it.

I'm sure my case has been flagged meansyes because I transfered two high interest rate cards to a lower interest rate balance transfer offer in Jan. We didn't even think of BK until Feb. and we filed in April. That's all I did was transfer higher interest rate cards to lower interest rate card and my lawyer felt we could prove that wasn't abuse since I have a history of making those kind of transfers. But if to prove it means I have to go back to court then I don't know if I'm up to that mentally. The 341 hearing almost landed me in the mental health complex because I totally lost it after it was over. Thank God for the sedatives my doctor gave me or I would have been committed.

[GettingGoing]

I was reading about different types of dismissals and a debtor can request a dismissal of their case. I'm seriously considering this at this point in time. I was thinking if I could speak with the creditors myself and work our a payment arrangement (maybe without all the interest fees) with them that we both can live with...it would be better to dismiss the case. It would be a lot less stress for me...which is what I'm looking for at this point. The only thing...I don't know if I'm allowed to negotiate with the creditors or if my lawyer has to do it.

I'm sure my case has been flagged meansyes because I transfered two high interest rate cards to a lower interest rate balance transfer offer in Jan. We didn't even think of BK until Feb. and we filed in April. That's all I did was transfer higher interest rate cards to lower interest rate card and my lawyer felt we could prove that wasn't abuse since I have a history of making those kind of transfers. But if to prove it means I have to go back to court then I don't know if I'm up to that mentally. The 341 hearing almost landed me in the mental health complex because I totally lost it after it was over. Thank God for the sedatives my doctor gave me or I would have been committed.

Don't panic. Call and talk with your attorney and see what the problem is. It may not be that big of a deal. If you try to have your case dismissed you will still have a bk on your credit reports however none of your debts will be discharged. I tried the whole "negotiate" with my creditors prior to filing bk and found that many refuse to work out settlements or payment arrangements. They all wanted lump sum payments and if I was unable to do that then they didn't want to talk to me.

[horse]

Just called attorney and he had no idea about the "meansyes" flag. He also didn't know anything about a new meeting set up for the creditors' objections which we found out about on PACER. There is only one creditor we heard of that is objection and that is the one I transferred money to in Jan for a better interest rate. I told my lawyer if he's the only one objecting and he wants some money from us and if we pay him it will put an end to this hell then we'll pay him what we have. Hopefully...it will be enough.

Thanks again everyone!

[sworks2]

The 'presumption of abuse' flag has nothing to do with your balance transfers.

Those would be objections by your creditors not he trustee.

The trustee believes you have disposable income to pay in a chapter 13 plan, he doesn't agree with all your expenses.

[69corvair]

It could also be a simple matter of your income exceeding the median income in your state. Just because the presumption arises doesn't mean your case will be dismissed. Someone will have to file a motion to dismiss before that can happen. Plenty of Chapter 7 cases proceed to discharge even though the presumption arises. It troubles me your attorney didn't know what that meant, but that's been part of the law for 4+ years though, so he probably wouldn't be in the business unless he was pretty confident you could proceed.