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    Good sign?!

    This morning on PACER I see this filed yesterday 10/13/16

    The United States Trustee previously filed a statement under section 704(b)(1)(A) of the Bankruptcy Code indicating that the Debtor's case is presumed to be an abuse. The United States Trustee has reviewed all materials filed and submitted by the Debtor, including certain additional documents received after the filing of the United States Trustee's initial statement under section 704(b)(1)(A). Based on this review, the United States Trustee has determined that the Debtor's case is NOT presumed to be an abuse under section 707(b)(2). Filed by the U.S. Trustee. Filed by U.S. Trustee US Trustee.

    Does this mean I do not have to worry about a Totality of Circumstances cropping up at day 60???? I am able to breathe? I am 15 days away from day 60.

    This was also filed and not sure what it is, I am assuming its the mortgage company getting a relief from stay to take back the house (I surrendered?)

    Motion for Relief from Stay with Exhibits and Certificate of Service. Fee Amount $176, Filed by Creditor JPMorgan Chase Bank, N.A. Last day to Object 11/2/2016. (Attachments: # 1 Exhibit A - Note # 2 Exhibit B- RDOT # 3 Exhibit C - RAOM # 4 Exhibit D - Schedules # 5 Exhibit E - SOI) (Baker, Jesse)

    Will this effect my discharge if they have until 11/2 for an objection? (I see no one objecting to this)

    Receipt of Motion for Relief from Stay(16-40701-JDP) [motion,mrlfsty] ( 176.00) Filing Fee. Receipt number 6082314. Fee amount 176.00. (re: Doc# 18) (U.S. Treasury)

    Thanks for any advise.
    Last edited by turbotater; 10-14-2016, 05:01 AM.

    #2
    The first item is the UST stating that the case is not an abuse. This means that the UST is not pursuing your case as an abuse of the Chapter 7 discharge rules and will not file a Motion to Dismiss for Abuse.

    The motion for relief from stay does not affect your discharge. In fact, it doesn't even affect your case closing. An RFS is simply a creditor asking that they be able to pursue their "in rem" rights against a property. This simply means that they want to be able to foreclose on real property (or car) repossess personal property (such as a car).
    Last edited by justbroke; 10-14-2016, 06:30 AM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke
      The motion for relief from stay affects your discharge. In fact, it doesn't even affect your case closing. An RFS is simply a creditor asking that they be able to pursue their "in rem" rights against a property. This simply means that they want to be able to foreclose on real property (or car) repossess personal property (such as a car).
      It does or does not?????
      Last edited by justbroke; 10-14-2016, 06:31 AM. Reason: fixed formatting only.

      Comment


        #4
        It does not affect your discharge. I corrected my post.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Thank you JB. 15 days to go....praying hard and keeping fingers crossed....

          Comment

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