Waiting on Motion to Dismiss

[dontburnthep]

We filed our chapter 7 pre-Ransom decision, so included the car ownership deduction on the means test, then the decision was handed down pre-341, we lost nearly 1K worth of deductions of our means test, and the UST filed a POA and changed us to meansyes after our original 341 on 1/24. He asked for documentation on several of our schedule J expenses, bank statements, tax returns, and we've heard nothing since the POA was filed on 2/2. If I understand correctly, the 30 days are up next Friday. (30 Calendar days from first 341?) Our continued 341 is Monday, and we do not have to attend, so I suspect the UST hasn't even looked at our documents yet and will review them and make a decision after the 341 Monday. Even so, I have the slightest hope we might slide by with the 7 and every day that goes by makes that hope a little more agonizing.

No real questions, just venting on the waiting.

[ValleYum]

I am so sorry. I know that the wait must be traumatizing.

[olivies]

Hang in there. Isn't it still possible to get a motion to dismiss not appropriate if you fail the means test, but your schedule J shows not enough to pay out to creditors? Maybe that'll happen in your case.

[dontburnthep]

Hang in there. Isn't it still possible to get a motion to dismiss not appropriate if you fail the means test, but your schedule J shows not enough to pay out to creditors? Maybe that'll happen in your case.

YES! We don't want to get our hopes up though since we lost so much off our means test, but our schedule J does show not enough DMI so we have our fingers crossed.

How about you? Still just waiting?

[olivies]

Yes. Gathering the requested info- fully aware that it's all moot if the judge says "rules are rules, you get what the standard is for rent".

[dontburnthep]

Are you going to fight the motion if it's filed?

We considered fighting ours, and probably would have if our attorney hadn't already folded before the motion's even been filed. It's pretty crappy to change the rules mid-filing and we were interested in seeing what a judge thought instead of what the UST thought. But at this point if a motion is filed we are just going to let it be dismissed and regroup.

[dontburnthep]

Our continued 341 was yesterday- we did not have to attend.

Today Pacer says that they continued it again. The Trustee also filed his report of no distribution. We're still flagged 707b and MEANSYES. I can't think of any reason for them to have continued it again. We turned in all the documents they wanted the day after our first 341.

Does this extend the clock for the UST to file his motion to dismiss or is it still 30 days from the original 341/POA statement? (That would be this Friday.)