Statement and notice of presumed abuse...please help!

[csonly]

clevelandmom, we have no clue what is going on with his full time job. The first we heard the property was in foreclosure was at our 341 hearing and of course, our attorney is witness to that as is the recording (unless the machine was shut off). I remember seeing the trustee with his fingers on the tape recorder buttons fumbling around, but I don't think that even matters. My husband "thinks" his employer bought himself more time, but things are just bad there. They are busy with work (printing), but the sheriff has come in to do whatever he does to reposess some equipment, etc. They run out of supplies, payroll checks bounce, health insurance doesn't get paid....the list goes on and on. They have been working this way for probably a year, but he continues to be employed at this time. One day he will get there and a lock will be on the door, but the owner never tells them anything. We even had our health insurance cancelled due to nonpayment even though it was taken out of my husband's check, claims were denied, but again, the employer waved his wand and paid the back insurance and they reinstated it and claims were paid. Talk about being stuck between a rock and a hard place. We don't even know from one day to the next if the health insurance is paid, we've learned to go with the flow on that one and keep our fingers crossed (a lot).

In your case, you definitely had special circumstances.

Oh, our statement was also 2 days after the 341, so I'm hoping she is just buying herself some time to look over everything, I'm trying to be optimistic.

Did your UST file a statement or motion? I think they are 2 different things, right? I'm learning as I go.

Thanks for your story, again, I'm so glad it worked out

[clevelandmom]

Our UST filed a "Statement of Presumed Abuse" - and after that she filed a "Notice that a Motion to Dismiss is Inappropriate". A Motion to Dismiss is completely different, and yes, I was holding my breath too.
I'm VERY sorry about your husband's job. At some point don't you just wish they'd let him go already? I know it sucks, but it's like get ON WITH IT already! I feel like I would just want to move on, get a different job (if possible) and get my income and health insurance where it's supposed to be. Or, at the very least, get on unemployment and start looking elsewhere. I wish you the absolute BEST!!! I really think your attorney should be able to help you with this.
Now, on a different note - I have a completely ridiculous question that maybe someone can answer. When you get into a situation like this, is it ever possible to just withdraw your petition, or voluntarily dismiss your case on your own, and then re-file it? (or. . .file a brand spankin' new Ch. 7?) Just curious if this is an option. . . ????? Anyone???

[discouraged]

So sorry for all you are going through. As for your question about unemployment - it is also for underemployment so if he doesn't work over 30 hrs a week at his part time job, he still gets a portion. Can't remember all of it, check the UI website for your state guidelines, but after being unemployed and taking a part time temp position, I actually came out ahead of what I would have gotten and it also extended the time frame - so it may be a good thing for him to have the part time job, especially in this economy - employers will look more closely at someone who is trying so hard to keep working.

[csonly]

Part of me wants his work issue to be over and another part of me wants his job to hold out as long as possible, but I totally would love to know what the intentions are of this company. ERRR. As long as he is employed, he does have a steady income and (most of the time), we have health insurance and (most of the time) his pay check does clear the bank. I really don't think giving up his part time job now is a good idea either, although he is exhausted all the time and in the long run, the part time job is what took us over median, we just can't win. All I can do is wait and see. I appreciate all replies and all your kind words. I really wish I was more prepared when I filed. I've learned so much here.