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UST - Presumed Abuse!?

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    UST - Presumed Abuse!?

    Here we go... I just checked pacer, and UST states after reviewing all docs...yada yada yada... presumed abuse. We do NOT have disposable income on Schedule J, however we are over median income, and means test shows extra income of about $300a mo, in which I had to check the Presumption arises box. This is from a big commission check that I received in November, and a hardship withdraw from DH 401k in October. This is only the 2nd commission check that I have received in 3 years.

    I provided a statement of special circumstances with the means test, and after speaking with the UST's attorney, was told that he considers our situation a "special circumstance". Did they file the Presumed Abuse statement because they "have to" or does this mean that more than likely they will dismiss/convert?

    The UST's attorney said he was going to draw up the declination letter, but I assumed that was going to be what was included in the 10 day statement, and it is not. Just states presumed abuse. I am pro se, and have all of the possible answers, just looking for advice from peers, and other experiences. Please. And Thank You!

    #2
    If you check that "presumed abuse" box, yes, the presumed abuse flag is triggered, so in that regard, it was expected.

    If the UST said they were going to to file a Declination, I wouldn't worry about it too much.

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      #3
      Same thing happened to me. Got the presumed abuse comment in the 10 day statement(37 days after my 341), then the next day got the declination comment in the 30 day statement.
      Filed 12/20/07 [X] 341 meeting 1/15/08 [X] Trustee Declines to Dismiss 2/25/08 [X] DISCHARGED AND CLOSED 03/19/08 [ X ]

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        #4
        Phew! Just talked to the attorney again for clarification, and he stated that filing presumed abuse is something they have to do. He is drawing up the declination and so long as his superiors agree, we are smooth sailing! WOO HOO!!!!

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          #5
          This just happened to me today. I am stressing. What does it mean when you are saying "file a declination" (sorry if that is a stupid question) Im waiting to hear back from my atty. Does this UST statement of Abuse mean either a dismissal or Ch13? is there still a Ch7 chance?

          we were over the means.... but under the means with special circumstances... we had a good month one of the months during the past 6 prior to filing. we have no assets at all...

          can anyone lighten this up for me.... please!

          should I be watching for anything on Pacer that might follow the abuse statement? good or bad?

          Thank you!
          filed Ch 7 3/13/08
          341 meeting 4/8/08
          last day for objections 6/9/08
          which I will be in Sierra Leone Africa on a mission trip! maybe when I get back I will be discharged! whoo who!

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            #6
            When it happened to me I initially freaked out, but the lawyer emailed me and said not to worry, that he'd been in contact with the trustee and they'd gone back and forth and they were going to give in and that in a few days I'd see the trustee file a "decline to dismiss" statement. Sure enough, the next weekday, he did just that. So, I'd contact your lawyer and see what they say and then watch on PACER for a follow-up statement. I was over the means as well.
            Filed 12/20/07 [X] 341 meeting 1/15/08 [X] Trustee Declines to Dismiss 2/25/08 [X] DISCHARGED AND CLOSED 03/19/08 [ X ]

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              #7
              I got an email from my atty. (UST statement of presumed Abuse filed 4/18/08) He said it was a waiting game now. He said they have 60 days from hearing date to file an objection to discharge. and he told me not to worry he didnt think they were going to file a written objection?!!? I am hearing about Attys contacting trustees... should we really be WAITING or contacting the trustee? I again sent my atty an email and asked him, waiting to hear back. I am just a little confused because I thought the UST already filed objection.... but does it have to be WRITTEN or something?

              also I know how to look up status on PACER but do you know what I click on to see why the presumed abuse was filed? I just dont wanna rack up a lot of charges looking for it. I just looked up status and it said statement of abuse, no reason or explaination...

              Thanks for all input! Im so glad I have somewhere to ask all these questions! Its great! Thanks again!
              filed Ch 7 3/13/08
              341 meeting 4/8/08
              last day for objections 6/9/08
              which I will be in Sierra Leone Africa on a mission trip! maybe when I get back I will be discharged! whoo who!

              Comment

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