Presumption of Abuse - How does this go away???

[birdprincess]

Filed for Ch 7 on 2/27/2011. Trustee meeting of creditors was 4/6/2011. We are an asset case with undeveloped property which we surrendered to the Trustee. Now on PACER it reads that the Trustee has decided that the case is presumed to be an abuse 707(b) and that the monthly income, multiplied by 12 is not less ... blah blah blah.

OK, We knew that coming in. Hubby lost his job in January pre-filing, and is on unemployment now. How does this get resolved? Do I have to do anything or send anything to the Trustee? Do you think this is just a formality that has to be completed by the trustee?

Our Petition lists that hubby lost job and is now unemployed. We have no other income than the unemployment.

Does this delay the Discharge?

Thanks!

Birdprincess

[daylate]

I think there is a special circumstances clause somewhere that would allow you to say "Wait a minute- that was true but going forward our income will be way below the allowable". Hopefully some of the more knowledgables will chime in on this topic. Better yet check with your attorney if you have one.

[birdprincess]

Hey Daylate! Thanks for the response. But, do I personally have to respond to the Trustee????? Or will he find it on his own?

Birdprincess

[btbeme]

Never assume a Trustee will find anything on their own. If you have no reason to worry because you are not being "cute" with your filing or numbers, I recommend that you bring it to their attention. Nicely.