Presumption of Abuse

[Floridagail]

Hubby filed chptr 7 on 2-6, 341 3-15, No UST was there but apparently a Auditor was seated next to panel Trustee. They did question our second vehicle, a business truck.

Presumption of Abuse was filed 3-22 (due to his income being over median) , We have waited patiently for atty to say something. We finally called him on good friday morning, He just said do not worry yet, He will check with the US Trustee next week , well another week went by, nothing in Pacer or no call back from the attorney.

I am beginning to think this atty is worthless, He did not send in our info to court as suppose to apparently, took it to 341 meeting. When he was called last week, He acted like he did not remember us. The Paralegal tried to get rid of us. We did talk to atty finally. I do know He and Son were in practice and Son left the week we filed. So The father had to file our petition. So I hope he know what he is doing. I guess no news is good news.

[justbroke]

A Statement of Presumption of Abuse has to be filed within 10 days of the 341 Meeting. The U.S. Trustee then has 30 days to either withdraw the statement or file a motion to dismiss for abuse. You really do need to just wait until around 4/22/2013 to see if the UST decides to Motion to Dismiss. It is just a slow process and there is nothing your attorney or you can do to speed this up. I know that you want it over or at least know what is going on, but it's in the hands of the UST and they will ultimately let you know one way or another. In almost every instance where there is a Motion filed for abuse, the UST runs the clock out almost the entire 30 days.

Short answer... don't worry yet. Unless and until the UST comes back with either requests for more information, withdrawing the statement, or filing a motion, there is nothing to do but wait. We will just keep our fingers crossed and hope that the UST elects to withdraw the statement.

For anyone else reading this, the United State's Trustee (UST) him/herself is never at the 341 Meetings. They always send a representative to the 341 for cases where there are questions on expenses. This is typically, however, only for over-the-median income filers.

[Floridagail]

Thanks, so far so good then,

[Floridagail]

Update, 4-19 , I checked pacer this morning. As our 30 days for objection is up Monday 4-22.

The United States Trustee previously filed a statement pursuant to 11 USC 704(b)(1)(A) indicating that this case is presumed to be an abuse of the provisions of chapter 7 of Title 11 of the United States Code. Notice is hereby provided that the United States Trustee, based on currently available information, does not consider a motion under Section 11 USC 707(b) to be appropriate for the following reasons: Contrary to the United States Trustee's position, local courts have ruled that debtors are entitled to deduct from their current monthly income the future payment on secured claims when the Debtor is surrendering the secured creditor's collateral. Accordingly, the United States Trustee will not pursue a motion under 11 U. S. C. § 707(b)(2) in this case. Filed by United States Trustee - TPA7. (xxxxxxxxxx) (Entered: 04/19/2013) I hope this means we are headed for discharge.

[Floridagail]

After studing this, It seems the US Trustee was trying to figure away to object to our mortgage pmts, 2200, since we are mostly likely letting the bank forclose. But could not since Florida allows these pmts, also the behind pmts 40K, figured into it.

We thought all along it was our 2nd Truck we use for his business. Being twice the median income we figure it would get looked at. Hopefully this is the end.

[TRfromillino]

I hope so for you too! You've hoed a long row!

[tobee43]

yes, i am getting tried of these people going for you neck. let me have at them.

send them a copy of the baby birds and tell them to zen out already. i can't stand you have had to endure all this! enough!C!C!

[LadyInTheRed]

I hope this means we are headed for discharge.

I think it does! Congratulations!

[tobee43]

I think it does! Congratulations!

here here!

[justbroke]

I hope this means we are headed for discharge.

You are headed for the discharge. It would appear that the UST was probably being cautious and then realized that there was nothing really to deny your discharge.

Congratulations on getting through this part! Now, just wait out the rest of the 60 days.

[Floridagail]

Thanks everyone, We will rest easier now.

[pamkev]

Sounds like great news to me

[Floridagail]

I thought we were safe, apparently not. The Trustee filed another motion today, A motion to dismiss
We are in shock. We will be calling attorney tomorrow.

[df04527]

Oh no! Arghhh

[Floridagail]

They filed the motion to dismiss on the 60th day, I was under the impression they had to file it by 30th day,
It has errors in it. I do not think the attorney filed out the petition correctly. We are not filing a 13, due to retiring next year. We will not pay anymore money for sure for this attorney. I guess we will let it get dismissed and let the house go and move by end of year. Retire in January and say forget it.