I've been reading through a stack of "motion to dismiss" filings just to get a feel for what's being allowed, and what is a red flag in my state. (MI)
Here's what I'm seeing (for what it's worth) as the most popular triggers for a UST motion to dismiss:
1) Trying to keep more vehicles with payments than you have drivers.
(Keep the phrase "reasonable and necessary for the debtor's and families support" in mind)
2) Frivolous expenses such as timeshare leases, vacation funds...
3) IRA contributions are causing a probem in my district.
The UST is considering money contributed as available for a CH 13.
Not necessarily a reason for dismissal, unless the additional funds available kick you into a 13.
4) Claiming an expense to maintain an asset that isn't listed on the schedule of assets!
(One filer listed boat repairs as an expense- but didn't list the boat as an asset....)
5) Filing schedules showing substantially more income than expenses.
6) Not filing the paperwork by the deadlines required.
7) Not showing up for the 741 meeting.
They are allowing limited rescheduling here if you have a legit emergency- if not- show up!
8)Excessive discretionary expenses-
pet care, personal care- gifts- entertainment, etc.
For example, it seems $100/month is acceptable for entertainment here. Filers who have listed $125 are getting holy heck over it.
That's why it's a good idea to either consult with a lawyer who is familiar with what's OK in your area, or to review a number of successful filings on Pacer for your area.
There are unwritten "limits" to those expenses which vary by district.
I'll post more when I've finished reading the rest of the stack.
Here's what I'm seeing (for what it's worth) as the most popular triggers for a UST motion to dismiss:
1) Trying to keep more vehicles with payments than you have drivers.
(Keep the phrase "reasonable and necessary for the debtor's and families support" in mind)
2) Frivolous expenses such as timeshare leases, vacation funds...
3) IRA contributions are causing a probem in my district.
The UST is considering money contributed as available for a CH 13.
Not necessarily a reason for dismissal, unless the additional funds available kick you into a 13.
4) Claiming an expense to maintain an asset that isn't listed on the schedule of assets!
(One filer listed boat repairs as an expense- but didn't list the boat as an asset....)
5) Filing schedules showing substantially more income than expenses.
6) Not filing the paperwork by the deadlines required.
7) Not showing up for the 741 meeting.
They are allowing limited rescheduling here if you have a legit emergency- if not- show up!
8)Excessive discretionary expenses-
pet care, personal care- gifts- entertainment, etc.
For example, it seems $100/month is acceptable for entertainment here. Filers who have listed $125 are getting holy heck over it.
That's why it's a good idea to either consult with a lawyer who is familiar with what's OK in your area, or to review a number of successful filings on Pacer for your area.
There are unwritten "limits" to those expenses which vary by district.
I'll post more when I've finished reading the rest of the stack.
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