707(b)

[helpw]

The Trustee has filed a presumtion of abuse under 707(B) I am wondering if anyone can give me any information on my options?

[scorpion35]

did u use a lawyer?
if u did he needs to contact the trustee to find out whats going on
can u post your income and monthly expenses?

[helpw]

I have a attorney but have not contacted yet because the letter came on saturday. My income is above the median but the reason we went chapter 7 is because under chapter 13 I don't make enough to make the payments.

[tcreegan]

Hi helpw,

What was your DMI on the means test?

Asset or no asset?

There are many things that could trigger the UST objection...you and your attorney need to find out what exactly the UST is looking at and get ready to defend your position on it. These happen fairly often judging by the number of posts seen around here. Likewise, it seems that it is also rebutted fairly regularly.

Hope it is easy to resolve,

Tom in Colo

[helpw]

dmi was -$391.08 it is a no asset

[tcreegan]

Hi again helpw,

dmi was -$391.08 it is a no asset

hmm..this narrows it down...

most likely: expenses; not allowed or too high

Good luck with this,

Tom in Colo

[HHM]

The trustee is just preserving their right. They only have a certain time in which to file objections. If you are over median, then you almost always get a a 707(b)(2) objection. However, if you past part 2 of the means test that shows no DMI, it would be odd that the objection was filed. If you can document the expenses and the attorney properly explained the situation, that should have held off an objection. I suspect that there is a problem on the Part II of the means test and how certain expenses were categorized.

[jnfrross]

What does DMI mean? I looked at the means test form but didn't see it. Thanks.

[free2breathe]

DMI=Disposable Monthly Income

[jnfrross]

Duh! Thanks free2breathe!

[helpw]

I wouldn't doubt it if the trustee did not like the way the attorney filled out the means test I did not either.
But they told me it was ok? I did send a lot of information to the trustee with good explanations of expenses and reciepts.
I spoke with the paralegal today and she said there is really not much we can do unless they file a motion to dismiss which sounds like they could still approve a chapter 7 it is a wait and see.