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    Help - what does this mean

    had my 341 hearing on 5/18 - it seemed to go well - nothing posted by the trustee yet

    However this was posted today - have an email into attorney but appreciate any feedback I can get here

    My gross income is slighlty over the income limit but have negative income from means test and attorney felt I could do a Chapter 7 because I could not fund a Chapter 13.

    "As required by 11 U.S.C. Sec. 704(b)(1)(A), the United States Trustee has reviewed the materials filed by the debtor(s). Having considered these materials in reference to the criteria set forth in 11 U.S.C. Sec. 707(b)(2)(A), and, pursuant to 11 U.S.C. Sec. 704(b)(2), the United States Trustee has determined that1) the debtor's(s') case should be presumed to be an abuse under section 707(b); and (2) the product of the debtor's current monthly income, multiplied by 12, is not less than the requirements specified in section 704(b)(2)(A) or (B). As required by 11 U.S.C. Sec. 704(b)(2) the United States Trustee shall, not later than 30 days after the date of this Statement's filing, either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States Trustee does not consider such a motion to be appropriate.Debtor(s) may rebut the presumption of abuse only if special circumstances can be
    demonstrated as set forth in 11 U.S.C. Sec. 707(b)(2)(B). United States Trustee. (UST Staff 11) (Entered: 05/29/2012)
    Last edited by brokeinnj201; 05-30-2012, 09:59 AM.

    #2
    Not terribly unusual to see the "Presumption of Abuse" catch-all used when you income is over median. The Trustee will likely be paying close attention to your expenditures to see if they can fit you in to a Ch 13. Just a guess, but unless you are pushing the limits on other areas (questionable charges, values of property, etc) then that is the more likely reason.

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