Everything seemed ok. Now I'm worried.

[shecass]

Hello all. This is my first post. I've been following this forum and I thank you for the great advice I have read. Here's the scoop...

Married but filing Chap. 7 by myself. We were over median income. No assets. Had 341 on 11/8/12, which lasted all of 3 minutes long. No problems. Checked pacer following that and that trustee said no asset, no disbursement, etc. Codes: MEANSNO, which I found out he believed we pased means test.

Then this week, saw on pacer, UST thought we were a presumption of abuse. Spoke with lawyer and she said it's normal when we're above median. Is it normal for one Trustee to sign off and then the UST to presume abuse? Expenses were all in line.

Anyone have any experience with this? Please help me.

[despritfreya]

Welcome to the forum.

Your interim trustee is not the one who would typically question your ability to file a Chapter 7. That job does fall to the UST.

The UST has filed a notice of the presumption of abuse and now has 30 days to file a Motion to Dismiss. Is this normal for over median income filers? No, unless the UST is questioning the expenses you used for means testing to get you to show little or no disposable income. (I assume that despite being over median, you “qualified” under means testing.) You will have to wait until the UST advises you which expenses are being questioned before you can determine how to proceed. However, at this time, I would not lose sleep over it. I am sure your attny will be in contact with the UST to find out what the problem might be.

Des.

[pamkev]

Had this happen to us before our 341 meeting we presented all document that the UST wanted befoe the meeting. The day of our meeting our lawyer was expecting the UST but they didn't show which was a good sign we answered all questions. 61 days later we were discharged and closed.

Pam

[shecass]

Ok, so something new. MEANSNO was changed to MEANSYES and there was a new column in the deadline/schedule of pacer labedled "hearing judge" with nothing marked in there. Still no word from my lawyer, but I'm freaking out. Does anybody know what I'm in for? What's the worst that can happen?