341 date assigned & no Presumption of Abuse!

[Dee]

Checked Pacer this morning and our 341 will be on Dec 16. So happy it will be before Christmas so we can (hopefully) enjoy the holidays.

Also, on the Notice to Creditors it states "The Presumption of Abuse does not arise". Does that mean they have actually reviewed our numbers on the Means Test or are they just going by what our attorney has on our petition?

[cantbreathe]

Good Luck at your 341 Dee! I think you are right in your assumption of the MEANSNO. : )

[tobee43]

congrats DEE!!!!!! that's GREAT news!!!!...looks like it's going just the way it's suppose to!

[AngelinaCatHub]

It means to date, no creditor has objected, and they have found no reason to see that you are an asset case. You will float on by the 341 and join the 60 day club just in time for Christmas. Merry Christmas.

[mommi2many]

Woohoo! It's going to be a merry Christmas at your house.

[researchnerd]

Checked Pacer this morning and our 341 will be on Dec 16. So happy it will be before Christmas so we can (hopefully) enjoy the holidays.

Also, on the Notice to Creditors it states "The Presumption of Abuse does not arise". Does that mean they have actually reviewed our numbers on the Means Test or are they just going by what our attorney has on our petition?

The statement on your notice to creditors isn't all that meaningful, but it's a good start. Ours said the same thing, but a week after our 341, we got the UST's Notice of Presumed Abuse. If you are under median you should be OK though.

[Dee]

The statement on your notice to creditors isn't all that meaningful, but it's a good start. Ours said the same thing, but a week after our 341, we got the UST's Notice of Presumed Abuse. If you are under median you should be OK though.

We are about $17k over median, which is one of the reasons I have been so stressed out. But our DMI is negative and hubby is still unemeployed, so I'm hoping for the best.

[Dee]

Thanks for all of the happy wishes, everyone!

[artgood]

Congrats! Our 341 is 12/15!

[Fallonedward]

Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case

We are about $17k over median, which is one of the reasons I have been so stressed out. But our DMI is negative and hubby is still unemeployed, so I'm hoping for the best.

[ccsjoe]

Good going so far Dee!!!!

[Dee]

Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case

Fallonward, no, that is just on my income alone ($6250/mo before deductions, $4515/mo after payroll deductions). But, it is what it is, so I'm just going to hope all goes well.

[tobee43]

Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case

i know that didn't bother us.....but we were under both the median and our sch j was in balance. i actually believe some trustees actually look a the totality of the situation and make their evaluation on that. i know there are this rule and that rule yadda yadda and a few more yadda's...but your husband LOST His job....your income is down and you have the same expenses....

fallon, i think you should be fine...just get those expenses up there!!