I knew it would happen, now i'm sad. Us trustee filed poa :(

[clevelandmom]

When we filed our Ch. 7, we had failed the Means Test. I was about to get garnished, but we had to file to stop it. DH had been on unemployment since August, so the attorneys office said we could file with "Special Circumstances." Our 6 month look-back was diluting, but not quick enough. We would definitely pass now. We knew the Us Trustee would probably file a Statement of Presumed Abuse.

Monday we had our 341, that went fine. Tues. the panel Trustee filed "No Distribution." Yay! Wed. the US Trustee filed their Statement of Presumed Abuse. Our attorney called us to let us know, but double checked that the reason we filed was because of loss of income, and that we don't know when dh is going back to work. She said she was sending a letter to the US Trustee. Now I guess we just have to wait for the US Trustee to state that a Motion to Dismiss is Inappropriate, right? Someone make me feel better and tell me all will be okay. . .

[SunshineGal]

Hang in there Clevelandmom, I'm sure once all the numbers are worked out between the US Trustee and your attorney it will all work out okay.

[tcreegan]

Hi clevelandmom,

Not passing the means test should be an automatic UST presumption of abuse, but if your Sched I&J show less than $187 disposable income the motion of presumption of abuse should get dismiss as inappropriate.

...kinda scary when the UST chimes in but your attorney seems like she has everything in hand, hang in there!

Tom in Colo

[ValleYum]

Oh c-mom!

Hang in there!! It will be okay because I have faith that your lawyer's letter will help remind the UST of the totality of your circumstances. ::hugs::

[debee]

I agree, c-mom. In your case it's going to work out. This is not the same as having a problem with something you didn't foresee - like claiming an expense that isn't allowed and having no way to use up the dmi suddenly created. You are going to be fine. You just have to be patient a little while longer. As the others have said, hang in there!

[clevelandmom]

Thanks everyone. My Schedule J is a laughable -$900. Go ahead US Trustee: Here's the rock - get as much blood out of it as you can. (((SIGH))) It's just frustrating having to wait longer. Thanks to all for your continued support. I don't know how I'd make it through this without all of you.

[tobee43]

c mom...i'm with all the other PP's....

actually this will give the trustee another way to see the update on your present situation...so it will all go fine!!!

as long as you have all the paperwork to back it up...you are good to go!!!

[chicagoannie]

c-mom, sorry you are not in the "all clear" yet but you'll get there!

[artgood]

Hang in there! I'm sure it will all work out! You've come this far!!!

[screentest]

Hang in there. On day 9 after our 341 a POA was filed against us as well by the US trustee. We waited, or I should say sweated out the next 30 days for a motion to dismiss that never came. We then held our breath and prepared a detailed battle plan just in case we got a motion to dismiss for totality. Nothing ever came and nothing ever happened. The 60 days came and went and now we still sit in limbo waiting for our discharge.

This BK roller coaster sucks but you will be off in no time.

ST

[mommi2many]

I'm sure everything will work out just fine for you. You were expecting the UST to get involved, but you also know what your finances look like. Be patient--you'll get through as soon as the UST sees what you already know--that you definitely qualify for a bk. Hang in there, we're all here for you.