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    The presumption of abuse

    . . . does not arise! I got my 341 meeting schedule and the presumption of abuse does not arise. So frickin' happy! My meeting is on September 23 at 10 AM.
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

    #2
    Congrats drowning...try not to drown in anticipation of the 341...and of the 60 days...and of the discharge...LOL
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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      #3
      I received my letter as well and it said the same thing. I know it's a good thing by ur reaction, but what does it mean?

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        #4
        Originally posted by ccsjoe View Post
        Congrats drowning...try not to drown in anticipation of the 341...and of the 60 days...and of the discharge...LOL
        You crack me up, Joe! LOL. I try to see the glass half full. Half full of what, I don't know, but it's half full. LOL.
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

        Comment


          #5
          Originally posted by dawntyoung View Post
          I received my letter as well and it said the same thing. I know it's a good thing by ur reaction, but what does it mean?
          It means in the court's initial review of your documents submitted for filing, they don't see any red flags. It's good news, dawn. First good step after filing.
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

          Comment


            #6
            Thank you drowning! Whew thats a sigh of relief!

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              #7
              Originally posted by drowning123 View Post
              It means in the court's initial review of your documents submitted for filing, they don't see any red flags. It's good news, dawn. First good step after filing.
              Yup Dawn. They see no reason initially to question your CH7. Good stuff!
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

              Comment


                #8
                Originally posted by ccsjoe View Post
                Yup Dawn. They see no reason initially to question your CH7. Good stuff!
                I'm sort of new here and I'm really starting to feel comfortable offering advice and explanations. Thanks to ccsjoe and Tom in Colorado. So glad I found this forum. I actually sort of felt alone when I decided to file and after finding this forum, I feel so much more comfortable moving forward. Thanks to all!
                Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                Comment


                  #9
                  Originally posted by drowning123 View Post
                  I'm sort of new here and I'm really starting to feel comfortable offering advice and explanations. Thanks to ccsjoe and Tom in Colorado. So glad I found this forum. I actually sort of felt alone when I decided to file and after finding this forum, I feel so much more comfortable moving forward. Thanks to all!
                  Do you really think my incoherent demented ramblings are advice????? Sheesh, read my sig line please!!!
                  Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                  AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                  Comment


                    #10
                    Your sig line is straight up! LOL. I wonder sometimes. How come we're so smart and so bad with money - well some of us. LOL. Speaking for myself I guess.
                    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                    Comment


                      #11
                      drowning123, I'm so frickin' glad for you!

                      11/2008 - Filed Chapter 13
                      02/2010 - Chapter 13 dismissed
                      08/2010 - Filed Chapter 7 pro se in new district
                      09/2010 - Chapter 7 341

                      Comment


                        #12
                        Thanks, empowered. Liking the username.
                        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                        Comment


                          #13
                          When you filed, you (or your attorney) checked the box "presumption of abuse does not arise" box on the means test. My 341 notification said the same thing. This is good, certainly better than "presumption of abuse does arise." However, this is simply mechanical, based on the filing of your case paperwork. What really counts is after the 341 meeting. After our 341 meeting the UST came out with a "presumption of abuse does arise." This was later reversed by the UST (yay). Once again pre-341 this is simply a mechanical upload and right after filing is is doubtful that anyone has taken the time to actually review your documentation and make a determination.

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                            #14
                            gmk, good point... duh. I checked that box too. So it doesn't even reflect whether you submitted a 22A that shows (your assertion that) you pass the means test? That would seem to be something that the Clerk would notice before scanning. The Clerk I filed with sorted and seemed to be making some kind of review of the forms I submitted, though maybe only for presence.

                            Well drowning123, I'm so frickin' glad you checked that box!
                            11/2008 - Filed Chapter 13
                            02/2010 - Chapter 13 dismissed
                            08/2010 - Filed Chapter 7 pro se in new district
                            09/2010 - Chapter 7 341

                            Comment


                              #15
                              back at ya empowered.
                              Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                              Comment

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