Motion to dismiss

[ahall]

Has anyone fought a motion to dismiss a chapter7? I feel like our case is borderline but really hate to give up. We have to make to decesion pretty quick now. I worry about spending good money after bad ad we will have to pay our attorney another $500 to fight. I just wondered if Judges are more empathetic to debtors or not? I'm scared to try and scared not too!! Our attorney "thinks" we could fight this and have a desent chance of winning but I don't know if that's the $500 talking. We have had a $30,000 decrease in wages betwee 08 and 09 proven by taxes and have cashed a $20,000 IRA to pay bills. My husband will be 60 in Oct-We could get 401k money and make deals with cc companies but we our $85,000 and after 4 kids in college we have 50,000 in Parent plus loans. Cannot consider a chapter 13 --
I'm in NC

Just wondered if anyone has won in a situation like this?? or once it gets to this --there's no hope going before a judge to fight it

[catleg]

I would go for it. It sounds like you have a decent sob story. Remember the trustee is just doing a job, ultimately it comes down to the judge's discretion. The judge has a little more wiggle room than the trustee.

P.S. All of this is pure speculation on my part.

[StartingOver08]

Has a motion to dismiss been filed in your case or are you just anticipating one?

What was the reason given in the motion to dismiss?

[albacore44]

well you diden't give us much to evaluate, but i will say this. you need to ask your attorney if has gone against the UST and won any cases. how is his relationship with the UST ?? in the big picture $500 isn't that much. if you can justify your case, and your attorney is a fighter, you should be able to win.

[biotechsolution]

I would fight..at least with the 85K discharged you could deal with the 50k parent plus loans that won't be.

[HHM]

You should fight it. $500 in the scheme of things, is NOTHING relative to the potential benefit or the regret for not trying.

However, without knowing the background, who can if you have a good case. What are the reasons for the Motion to Dismiss?

[blockhead]

If you atty thinks you have a good case, fight it IMO

[gunner01]

[QUOTE=ahall;417350]Has anyone fought a motion to dismiss a chapter7?

Fight it. I did and won. Was a 707B motion filled?

[SMinGA]

From a post Ahall made yesterday:

With these adjustments the BA BELIEVE'S DEBTOR'S HAVE $905.10 OF DISPOABLE MONTHLY INCOME. The debtors's schedule J appears to be excessive and some expenses are not necessary.

The debtor's further deduct $120 for personal groomimg and $125 for lawn care $200 for home maitanence.-All seem excessive.

Lastly, the debtor's deduct $517 per month for student loan. A student loan is an unsecured debt.

With the trustee picking at so much, from so many different areas, I don't know that fighting it will be useful at all. Perhaps go thru the schedule J/Means test and correct any issues where things are 'double dipping' (like claiming vehicle expenses AND public transportation), re-assess expenses that are too high (like $125 for lawncare), plan on deferring the student loans, and convert to a ch. 13.

[HHM]

From a post Ahall made yesterday:

With these adjustments the BA BELIEVE'S DEBTOR'S HAVE $905.10 OF DISPOABLE MONTHLY INCOME. The debtors's schedule J appears to be excessive and some expenses are not necessary.

The debtor's further deduct $120 for personal groomimg and $125 for lawn care $200 for home maitanence.-All seem excessive.

Lastly, the debtor's deduct $517 per month for student loan. A student loan is an unsecured debt.

With the trustee picking at so much, from so many different areas, I don't know that fighting it will be useful at all. Perhaps go thru the schedule J/Means test and correct any issues where things are 'double dipping' (like claiming vehicle expenses AND public transportation), re-assess expenses that are too high (like $125 for lawncare), plan on deferring the student loans, and convert to a ch. 13.

If that is the situation, I think he is screwed. Heck, having the student loan payments in there is enough to draw an objection which the debtor will lose 100% of the time. Looks like they are headed into chapter 13 land.