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<sigh> The UST entered the 707b yesterday,,,,,

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  • <sigh> The UST entered the 707b yesterday,,,,,

    I was no so secretly hoping they'd forget about me.....but there it is. I just have a flag that says 707B, and then in my document history is says "UST presumption of abuse 707b filed". But there is no document to look at (yet at least) any where in PACER. And no pendng hearing for it, etc.

    Here we go......
    Teacher Momma

  • #2
    ouch... hang in there, you'll manage just fine.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


    • #3
      The presumption is just a procedural thing that the UST must do in order to put the Debtor on notice. This is required by the rules in 707(b) itself.

      What the Trustee must now do... is file a Motion to Dismiss or Convert wtihin 30 days of having submitted that 707(b) presumption.
      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


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        I know that the UST said if I wanted to convert to an 11 he could "file that stipulation for me", but could he do that as part of this without me asking? I guess what I am asking is - since I am planning on objecting to the presumption/dismissal, I am gearing up for that - but could he file to convert to an 11, since I cannot do a 13? Or do they only file to convert to 13s on their own?
        I guess that is a dumb question, they can do whatever they want.
        Teacher Momma

        Comment


        • #5
          You'll get a thick packet of papers in the mail from the UST. At least we did. It took almost a week though from the time the presumption was filed until the papers actually arrived.

          They will explain in detail what he's wanting and why he's wanting it.

          Good Luck to you!
          4/09 Converted to a Ch 7 due to loss in dh's income
          5/09 UST now involved no idea what happens next
          7/09 UST has decided to withdraw his motion to dismiss!
          7/27/09 DISCHARGED!!!

          Comment


          • #6
            Originally posted by TeacherMomma View Post
            I know that the UST said if I wanted to convert to an 11 he could "file that stipulation for me", but could he do that as part of this without me asking? I guess what I am asking is - since I am planning on objecting to the presumption/dismissal, I am gearing up for that - but could he file to convert to an 11, since I cannot do a 13? Or do they only file to convert to 13s on their own?
            The Trustee cannot convert your case. Only you can do that. That's why the Motion will probably be written as a Motion To Dismiss Or In the Alternate To Convert. Even if his Motion to Dismiss is converted, the Judge usually gives you 10 days to file a Notice of Conversion before the Dismissal is done.
            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


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              I see. Ok, thanks.
              Teacher Momma

              Comment


              • #8
                I have faith that you can fight this and if not, file a ch 11 on your own....

                Hang in there~
                May 2008 Hired 1st Attorney/Stopped paying CCs
                May 21, 2009 Retained 2nd Attorney
                May 28th - Filed for Ch 7 (FINALLY!)
                9/11/09 - DISCHARGED!!!!

                Comment


                • #9
                  I want to....I am going to fight the 707b, but filing an 11? I a work full time, and have two kids,,,,,,I dont know when/how I'd get it all together. Ugh.

                  Thanks though.
                  Teacher Momma

                  Comment


                  • #10
                    take one step at a time. i am sure the court will give you extra time if you need it (although of course you just want to be done with it already!). but do think about getting a lawyer, it may be worth it.
                    filed ch7 May 09
                    341 june 09
                    discharged, closed Aug 09

                    Comment


                    • #11
                      I, too, would consider hiring an atty. We got (but knew ahead of time that we would) a "statement of presumed abuse" from the UST for 707b shortly after our 341. Because our atty knew this is the direction our case would take, he had already prepared an affidavit that we signed when we filed so it was ready to cut the UST off at the pass, basically. We are above the means, but filed under "special circumstance" due to our 75% pay cut when dh lost his job. I'm stearing clear of PACER, so I'm not quite sure what's happening right now, but I did call the atty when we got the letter from the UST and was told not to worry, the affidavit would take care of things. It must have because it's been 3 1/2 weeks since this letter left the UST and I haven't heard any more from him/her. At this point, we've made it below the means anyway, so I don't expect much more to come of this for us except maybe the possibility of stalling our discharge. I dunno. We go back for a visit with the atty next week. I'll try to remember to let you know what he has to say about our 707b.
                      filed chapter 7 BK 4/27/09
                      341 meeting 6/4/09
                      DISCHARGED!!! 8/5/09

                      Comment


                      • #12
                        Teacher Momma

                        Comment


                        • #13
                          I think there are quarterly fees associated with an 11 and you become the "trustee". I wonder if you can argue that an 11 would be hardship. So even a zero pay 11 would cost you more money.

                          Comment


                          • #14
                            Right, I agree. But the UST told us something about something you could file to stop the fees, he said "I don't know why everyone doesn't do it, because you can file X and there are no more quarterly fees". This was at a time when I was getting an overload of info outside of our 341 from him, so I don't remember what it was.
                            Teacher Momma

                            Comment


                            • #15
                              Why did you get cited for abuse?

                              Comment

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