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" US Trustee filed their motion to dismiss not appropriate"

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  • " US Trustee filed their motion to dismiss not appropriate"

    IS this something everyone gets?
    If no. who gets it?
    under what circumstances?
    Filed chapter 7 on 9/17 341 on 10/20
    Chapter 7 Trustee's Report of No Distribution on 10/21
    Discharged and Case Closed on 12/21/2010

  • #2
    Maybe it's standard since you're over the median? The trustee was quick to report no distribution.

    Comment


    • #3
      and that's why i'm so confused....what does this mean because it's coming for the US trustee and not the state trustee who already issued a no asset distribution ......so now why is the US trustee saying anything??

      anyone know exactly why that would happen??
      Last edited by tobee43; 10-29-2010, 07:51 AM.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


      • #4
        double post!! yikes what's up with the site this morning????
        Last edited by tobee43; 10-29-2010, 07:52 AM.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment


        • #5
          This is a good thing!!!

          The US Trustee gets involved in cases where your income is over median, and sometimes randomly on other cases. It is their job to decide whether your Ch7 is an abuse of the system, and if so, to dismiss your Ch7 and force you into a Ch13 instead.

          When the UST issues a statement that a motion to dismiss is not appropriate, it means they have evaluated your case and find no reason you can't go forward with the Ch7. If you read the document, it will specifically state any circumstances surrounding their finding -- ours referred to a specific local precedent that allowed us to use our mortgage payment on the means test even though we are surrendering the house. Unless you have any creditor objections, you should be good for discharge after your bar date.
          DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

          Comment


          • #6
            Originally posted by scorpion35 View Post
            IS this something everyone gets?
            Everyone wishes that they get one of these! You should be happy that the UST has decided that the motion to dismiss, for presumption of abuse, is inappropriate in your case.
            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
              whewwwwwwwww!! i'm so happy it's GOOD!!!! jb...why did the us trustee get involved after the order of no asset distribution was issued...??? just a wondering??

              now.....i feel somewhat left out... i didn't get one of those...
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment


              • #8
                Originally posted by tobee43 View Post
                whewwwwwwwww!! i'm so happy it's GOOD!!!! jb...why did the us trustee get involved after the order of no asset distribution was issued...??? just a wondering??
                The local Trustee's statement of no asset distribution is a good thing too. It's his/her job to determine whether you have any assets they can liquidate to pay off your creditors, and if you don't, they will file a statement about that.

                It's the UST's job to determine whether abuse is present, which is a separate issue. Even if you have no assets to distribute, you could still fail the means test, or not provide requested information, or fill out some form incorrectly, or have one of a hundred other technicalities. If they do find abuse, they will issue a motion to dismiss your case, and if they don't find abuse, they will issue a separate statement about why dismissal is not appropriate.
                DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

                Comment


                • #9
                  Originally posted by tobee43 View Post
                  whewwwwwwwww!! i'm so happy it's GOOD!!!! jb...why did the us trustee get involved after the order of no asset distribution was issued...??? just a wondering??
                  researchnerd is right on. The U.S. Trustee (UST) has nothing to do with the administration of assets. Administration of assets is the job of the "panel" Trustee.
                  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


                  • #10
                    Originally posted by justbroke View Post
                    researchnerd is right on. The U.S. Trustee (UST) has nothing to do with the administration of assets. Administration of assets is the job of the "panel" Trustee.
                    I agree with justbroke and researchnerd. Often a filer will get a report of no distribution from the panel trustee and still end up having to fight a presumption of abuse or totality of circumstances case with the US trustee.
                    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                    Comment


                    • #11
                      Okay, now I'm confused. If you're over the median will the US Trustee always file either a motion to dismiss or a motion that it's not appropriate? Or, can you go the whole 60 days without either showing on Pacer?

                      Comment


                      • #12
                        Originally posted by researchnerd View Post
                        The local Trustee's statement of no asset distribution is a good thing too. It's his/her job to determine whether you have any assets they can liquidate to pay off your creditors, and if you don't, they will file a statement about that.

                        It's the UST's job to determine whether abuse is present, which is a separate issue. Even if you have no assets to distribute, you could still fail the means test, or not provide requested information, or fill out some form incorrectly, or have one of a hundred other technicalities. If they do find abuse, they will issue a motion to dismiss your case, and if they don't find abuse, they will issue a separate statement about why dismissal is not appropriate.
                        why thank you for so much for that information my friend from the peach state...i do feel so much more relieved for the OP.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          Originally posted by backtoschool View Post
                          I agree with justbroke and researchnerd. Often a filer will get a report of no distribution from the panel trustee and still end up having to fight a presumption of abuse or totality of circumstances case with the US trustee.
                          yes, i have seen that happen and that was exactly my concern for scorpion...i thought that may have been the case here.
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                          • #14
                            Originally posted by justbroke View Post
                            researchnerd is right on. The U.S. Trustee (UST) has nothing to do with the administration of assets. Administration of assets is the job of the "panel" Trustee.
                            thanks jb...i'm learning everyday...these pacer phases many times are quite confusing for me!
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                            • #15
                              This is awesome news for you. Crossing my fingers I get the same notice soon!
                              Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

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