Searching for 707b objections

[TeacherMomma]

So I have Pacer and Westlaw and Lexis, but I prefer Westlaw - my question is, since I am used to looking up WAY different types of cases for my job in Westlaw, that I cannot even figure out HOW on Westlaw to search the correct court to find 707b objections.....

Anyone know how to guide me to find this?

[justbroke]

Did the Trustee file the 707(b) statement of presumption and/or the actual Motion to Dismiss?

I don't have Westlaw or Lexis (you lucky duck). I would have to go to the Law Library to use them, and they are always tied up (as there is only one public access terminal).

For Westlaw, probably try the ABI or the National Bankruptcy Review Commission database.

Anyhow, have you tried searching by "11 USC 707(b)" (in quotes)?

[TeacherMomma]

He has only filed his statement of presumed abuse, no motion....problem is: I am having surgery around the time when he would have to file it by and will be out of comission (I think) for a bit....so I wanted to get my ducks in a row to make it easier on me. I dont know how much time I will have from when he files it to when I need to file my objection.

Wouldn't it just be the best thing ever if he forgot/didn't file a motion!!

[justbroke]

I didn't find anything in my searches for you either. I did find an Ohio Case that didn't turn out so well. However, in that case, the Debtor was trying to put in 401(k) contributions as well... but it still seemed to be a case where the Judge didn't want to give the Student loan(s) any special treatment.

http://www.ohnb.uscourts.gov/judges/Judge_Speer/op_20080221_In%20re%20Rex%20and%20Nicki%20Reimer_rs_07-32787.pdf

[2manybills]

[justbroke]

2manybills, thank you.

Teacher... I don't know if I mentioned before that it may come down to being able to classify student debt differently, so that it could be treated as a separate class, above general unsecured debt. In that case, I say that the Ohio case is on point.

The question is, does California allow student debt to be in a different class for purposes of distribution?

[2manybills]

Your welcome. I am happy to print the opposition to motion that was used in this case. It will give all of the case cites and also use proper formatting. One thing I have learned in my many years of working in the legal system, is that the USDC's are very picky about how documents are filed and how they are set up. They require tables of authorities, tables of contents, et. seq.

[justbroke]

Your welcome. I am happy to print the opposition to motion that was used in this case. It will give all of the case cites and also use proper formatting. One thing I have learned in my many years of working in the legal system, is that the USDC's are very picky about how documents are filed and how they are set up. They require tables of authorities, tables of contents, et. seq.

I happen to be in a District that isn't so picky... but I notice that another District in Florida has gone so far as to basically publish a new style guide, telling (or reminding) anyone submitting papers how to use citations!!! So, yes, some of them are picky from what I've seen. I'm lucky to not be in such a District.

If you do, send them to TeacherMomma... she's fighting a 707(b) dismissal -- although only the statement of presumption is filed.

[2manybills]

Federal Court Judges are appointed while State Court Judges are elected. So the Federal Judges pretty much get to say how they want it for their own districts.

I have PM'd Teacher and am happy to print the stuff for her if necessary. I have free access to Pacer, Westlaw and LexisNexis.

[justbroke]

Federal Court Judges are appointed while State Court Judges are elected. So the Federal Judges pretty much get to say how they want it for their own districts.

I have PM'd Teacher and am happy to print the stuff for her if necessary. I have free access to Pacer, Westlaw and LexisNexis.

Well, she has Westlaw and LexisNexis... she just needs the Cite and database pointer.

[2manybills]

I PM'd it earlier to her.

[TeacherMomma]

Thank you both! I have replied to the PM, thanks for any help you can give! I need it! The format for the objection would help a great deal. I just need to know how to GET to where this info is in Westlaw....

In the mail today I received a letter asking for the following regarding my student loans:
If any of the above are duplicated? (nope, sadly they are all legit)
What percentage of the funds on each of the loans were used for tuition and what percent is used for living expenses, etc? (I dont even know how to answer this.....it is 10 years + of loans, and it is really about 50/50 give or take on the percentage, cause I had to be part time or free when doing "interning" etc.
Edited to add they also want to know how I intend to repay the debt??? How the heck do I answer that? Ummm, I can't repay it all - I will die before then! I don't know how to answer them.

They want this by the 16th. Of course they need it to format their dismissal....so it is coming, but am I bound to give them this info? Do I have to? Of course my husband was like "they want that info to draft their motion - that is like the criminal telling the cops how they comitted the crime - don't respond". Ummmm, thanks hubby - but I am not a criminal LOLOLOL.

[justbroke]

Well, they want to know if they have a case. Either way, it's not a criminal case. Let hubby know that unfortunately, failure to adhere to the instructions or requests from the U.S. Trustee will get your case dismissed quicker.

[TeacherMomma]

How do you think I should answer those questions. I know to answer them honestly, but at this point some are 10+ years old and I could not even remember the percentage of what was used for tuition and what was living expenses. So whatever my response is will be a guesstimate, and if I am going to guesstimate I'd rather have the "proper" answer for them, know what I mean? What is the reson behind the percentage question?
And how do I intend to repay the debt? Working till I die? I don't know how to answer that either!

[justbroke]

So whatever my response is will be a guesstimate, and if I am going to guesstimate I'd rather have the "proper" answer for them, know what I mean? What is the reson behind the percentage question?

And how do I intend to repay the debt? Working till I die? I don't know how to answer that either!

I don't know. You write that the responses are based on the best available information and recollection.

How do you intend to repay? Just as anyone does on a $400K home... for 30 years.