Had our 341 on August 3rd. Over median income. Questions!

[mslaw]

Hi everyone. We had our 341 (rescheduled due to attorney error) meeting on August 3rd. Before (or after...can't remember) we received a presumption of abuse letter which our attorney said was pretty standard? We were over the median income but sadly (and ironically) I lost my job a week prior. I was a PRN (as needed) employee for almost a year and my employer called to tell me she no longer needed me and was letting me go. Soooo, of course, we disclosed this at our 341 meeting. Our attorney informed us that we may still be asked for evidence or that the trustee may try to convert us to a 13 (because we were with my income significantly over the median). However, it's been a few weeks and no one has contacted our attorney's office. I still have no job and no real prospects (in fact, if I don't find something soon, the plan is to go on a very strict budget and me stay home and homeschool our children). With only dh's income, we could never in a million years fund a CH 13.

So my question, at this point, is it likely for the UST to try to convert us? At one point can we breathe and relax? This is a huge stressor.

Thanks.

[SMinGA2]

I don't think you'd be able to get a plan confirmed (13) if you didn't have the income going forward to support it.

[justbroke]

So my question, at this point, is it likely for the UST to try to convert us? At one point can we breathe and relax? This is a huge stressor.

While no one can tell you what's in the mind of your UST's office, I can say that they are not there to make it difficult for you. There are many over-the-median income cases that make it to discharge every single day.

As for your presumption of abuse, these can be standard in many Districts. This gives the UST 30 days to actually file a motion to dismiss for abuse or to withdraw the presumption. You would wait until September 2nd (actually 9/4 due to holiday/weekends) to see if the UST is going to proceed under that motion. Additionally, the UST may be running out of time since the discharge should come 60-days after your FIRST scheduled 341 Meeting. If the UST is going to do anything, I would "guess" that it would be during this week (before 9/4).

Just hang in there.

[mslaw]

So we haven't heard anything. Going to call our attorney tomorrow to see if she's heard anything. Last we talked to her she had heard nothing from the UST. So ready for closure.

[justbroke]

This is great news to read! From my calculation, it appears that you are close to discharge, if you haven't already passed the "last day to file a dischargeability complaint". When was your first 341 meeting scheduled?

[mslaw]

Our first meeting was July 27th. They got us turned around and back in pretty quickly.

[mslaw]

Should I go on pacer? I haven't yet and was trying not to obsess. Will anything show up?

[justbroke]

No need to view PACER. Your dischargeability "bar date" should be September 25, 2012 (which represents 60 days from July 27, 2012).

No news is good news.