We filed our Chapter 7 bankruptcy last Thursday and we got the Official Form 9A in the mail today. What exactly is this document? There is a section of this Notice that says "The presumption of abuse does not arise." I thought this wasn't determined until sometime after the 341 meeting which isn't until the end of November. I'm confused. Does it just say that on this document, because that is how we filed on the Means Test?
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the Official Form 9 consists of several variations, numbered 9A through 9I, created to meet the specialized notice requirements for cases filed under chapters 7, 11, 12, etc. they are notice of the commencement of your case. nothing to fear, it's just "standard" in bk cases.
yes, after your 341 all the determination will be made about your case..asset..no asset, chapter 13 etc depending on the outcome of your situation. however, most time by the time you get to your 341 your atty should pretty much have prepared you for any problems etc that may occur.8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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ok, I was hoping that "presumption of abuse does not arise" meant that someone had already looked at my case and sees that even though we are over the median for Chapter 7, since we are negative on the means test and I minus J, that it's already been determined to not be abuse. Wishful thinking I guess. Oh well...
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hopefully your atty has gone over your case and has prepared you for any questions the trustees may have. and, honestly, even tho we had an excellent firm, and the trustee office work with us prior to our 341, i was still shocked with some questions i thought had been resolved. later on i found out that our trustee just wanted it for the court recorded "record", however, i questioned it and the trustee turned to our atty and said we will discuss this other lunch. wheeeeeeppppp, so glad they break bread together is all i was thinking to myself. anyway, the point is we have some very complex issues in our class, but in the end it all worked out. we did a chapter 7 no asset. many of those over the median haven no problems, others just have trustees that have questions and as long as the answers are truthful and fix the situation chances are you will get this out of the way asap. good luck and keep us posted!8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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The "official" copy of the Notice of Bankruptcy has the entire SSN! This is the same notice sent to all of your creditors. It is so that they can properly identify you. However, anything that is a public document in PACER, the Court's docket system also known as CM/ECF, will have the SSN masked.
As for presumption of abuse, that can certainly change after it is reviewed.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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