For those of you not familiar with my ongoing nightmare, we filed Ch. 7 on the advice of our attorney. Our 341 hearing did not go well (it was clear the UST did not feel we met the means test) and was continued. We realized after we filed that we never should have, and our attorney filed a motion to dismiss our Ch. 7. Now the UST has filed a statement of presumed abuse. Has anyone been through this? We certainly didn't try to do anything deceptive - just didn't understand the petition very well and relied on the advice of our attorney and the calculations of his paralegal. What a mess!
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And another question....
After reading other posts, it looks like this isn't anything to panic about since we know our income is far above the median and that we have things like private school tuition and significant charitable contributions on our means test. It would appear the UST believes we belong in a 13. My next question... Since we have already filed a motion to dismiss, can we be forced into a 13? That is, can they actually convert our 7 to a 13 without our consent? -
they can't force into a chapter 13 but if your chapter 7 involved assets that the trustee could sell and pay your creditors he may push for that. Although they would have to prove that your creditors are being hurt by you dismissing your case.Comment
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I found this thread for you, you can find more if you do a search on Presumed abuse. Not all are bad. I think one I read did recommend you let your attorney fight this one. Since your attorney seems to s***, I still think you need to find a new one to fight this battle for you if at all possible. Don't panic yet, basically from what I have read on your case, this seems like something to be expected, you still have a chance if you had a good attorney. I would recommend highly you find one and if the one you have works for a firm, then you need to contact them and let them know what this brainy one has gotten you into.
Again, Good luck and don't give up yet!Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21Comment
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Agree with everyone else. It might not be time to panic just yet
I think as part of the motion\diocument they file the UST will actually explain what they are basing the presumption of abuse on. Which expenses are they objecting to?Filed Ch 7 - 07/10/08
341 Meeting - 08/13/08
DISCHARGED! - 10/15/08
CLOSED - 10/20/08Comment
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