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presumption of abuse and proof of claim

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    presumption of abuse and proof of claim

    I am a creditor in my ex husband's bankruptcy. Back child support and current support not paid in full.

    I am following the case on pacer.

    He had his 341 meeting and the next day was a statement about presumption of abuse. One week later another notice was now it is an asset case and a proof of claim needs to be filed.

    I am understanding that there is an US trustee who works separately from the panel trustee. His case was a 7. He filed a 13 about 8 months prior but it was dismissed.

    Additionally the panel trustee now wishes to hire an atty who will be himself.

    Are these are all omnious signs? He has not paid child support voluntarily in three years so I was almost hoping he would be a 13 case and the support payments would be on a payment plan.

    questions
    - should I wait the 30 dyas and see if his case is dismissed for abuse before filing the proof of claim.

    -what are his chances of being knoocked down to a 13. He was dismissed before because he had too much unsecured debt for a 13. He has even more now even with the new laws.

    -is the fact that the trustee asked for an atty to investigate a common occurence

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