Update on the Motion to Dismiss in our case

[alorth]

We met with the UST in our district, for an informal "discussion" of our case, with our atty. present.

Then we filed our answer to the UST's Motion to Dismiss our over-median CH 7 case a few days later.

We left the meeting with the UST with some reason to be a little positive about our circumstances, but certainly not with a sure thing outlook that we will be able to reach discharge.

The crux of our case looks like it will hinge on my health, and the "special circumstances" clause as it relates to my life expectancy over the next 5 years in my current condition, after appropriate verification from my doctors.

The UST also wants us to meet with the 13 TT to get an idea of what kind of plan the 13 TT would be looking for in our case. Supposedly, the 13 TT's opinion will influence the UST's decision on allowing our 7 to proceed to discharge, or continuing the Motion to Dismiss and recommending conversion to 13.

I will say that the UST seemed like a very fair and straightforward type of individual.

So right now, we are just waiting. Our Answer was filed about a week ago. We have yet to hear about scheduling the informal meeting with the 13 TT. So I hope its soon, so we can take another step toward the conclusion or continuation of this BK.

Just in Limbo at the moment.

[HHM]

I think you will be fine.

It is an odd step to talk to the Chap 13 TT, only because, presumably, they are so busy, they wouldn't take the time on a case to which they are not yet a party, but best of luck.

[justbroke]

In the end, the job of the Untied States Trustee (UST) is to "administer" the program. They are not out to get people who otherwise would qualify for a Chapter 7.

The fact that the UST is double checking things and even meeting with you and your attorney tells me taht they are certainly trying to find a way to help you.