Trustee's Latest Comment on Pacer

[loko2012]

Any idea what the following comment means????
It was posted on my docket status.


"Having reviewed the documents, if any, filed by the debtor and any additional documents provided to the United States Trustee, the United States Trustee is currently unable to determine whether the debtor's case would be presumed to be an abuse under Section 707(b) of the Bankruptcy Code. United States Trustee. (UST Staff10, ) (Entered: 07/07/2008)"

[TEW]

I think you wait for objections looks like UST doesn't see any problem.

[MomIcantFindmy]

Sounds to me like there is doubt as to weather or not you pass the means test. I think you can almost guarantee a closer look by the US Trustee. There must be more to this. Were you close to the median income?

[lrprn]

Any idea what the following comment means????

The US Trustee has looked over all the documentation you provided and still cannot determine if you qualify to file Ch 7 or not at this point. You may be asked to provide even more documentation - your lawyer can give you an idea of what to expect at this point.

[laurannm]

I saw this situation in a couple of cases in our district. It usually meant that the UST will be requesting more documentation

[loko2012]

I am well above the median income but my attorney felt that since I have about $100,000 in student loan debt(that is non-dischargable) that is a special circumstance to slide me into a 7. ALso, the $800 a month student loan payment puts me in the negative for disposable income by -($780).

At my 341, this past Friday (6/27) ,the trustee was pretty cool. She asked why I filed bankruptcy. (I told her I Moved from TX to NY for a job....lost the job 4 months later...unemployed for 3 months....house on market in TX for a year...paying both TX mortgage and NY rent...got a new job but making $25k less than previous job...PLUS $100K student loan debt) she seemed to understand my pain..lol The only thing she requested was a copy of the short sale for my house in TX(which I lost $40K on). She did not ask any questions about my expenses on the Schedule J/I or about my income. I make about $80K a year.

[loko2012]

Sounds to me like there is doubt as to weather or not you pass the means test. I think you can almost guarantee a closer look by the US Trustee. There must be more to this. Were you close to the median income?

I am well above the median income but my attorney felt that since I have about $100,000 in student loan debt(that is non-dischargable) that is a special circumstance to slide me into a 7. ALso, the $800 a month student loan payment puts me in the negative for disposable income by -($780).

At my 341, this past Friday (6/27) ,the trustee was pretty cool. She asked why I filed bankruptcy. (I told her I Moved from TX to NY for a job....lost the job 4 months later...unemployed for 3 months....house on market in TX for a year...paying both TX mortgage and NY rent...got a new job but making $25k less than previous job...PLUS $100K student loan debt) she seemed to understand my pain..lol The only thing she requested was a copy of the short sale for my house in TX(which I lost $40K on). She did not ask any questions about my expenses on the Schedule J/I or about my income. I make about $80K a year.

[banca rotta]

Your flags probably also state "MEANSU" instead of meansno/yes, etc. It usually will state one of the above 10 days after your 341.

Have your attorney contact the US Trustee A.S.A.P.!! They need additional documentation for one reason or another. If you wait too long then they will file a motion to dismiss.

Judging by what others have posted here I don't think they like the fact that you have 800 a month for student loans. They may want you to fund a chapter 13 then pay your student loans after you completed the plan. I'm only guessing on this one but the above is correct! Find out what they want.