Originally posted by scorpion35
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" US Trustee filed their motion to dismiss not appropriate"
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Same thing happen to me! I was labeled presumption of abuse from the start... Reg Trustee filed no asset case, US Trustee filed presumption of abuse, motion to dismiss, then a day later US Trustee filed Motion to Dismiss not appropriate ! This is good and now you just wait to see if any creditors come up but you are on the home stretch!!! Just formality of you are over the median and if no red flags come up. Great news and welcome to the club!
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Originally posted by justbroke View PostPerhaps your attorney shielded you from this... thereby preventing any worry. Almost all correspondence is done between the UST and your attorney when you are represented.
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Originally posted by scorpion35 View Postthe thing is i didn't get anything from the UST
i am just curious .thats why i started this thread
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Scorpion!!!! You stressed me out...I've been wondering why you got yours so fast and we got nada, lol.
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the thing is i didn't get anything from the UST
i am just curious .thats why i started this thread
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This is awesome news for you. Crossing my fingers I get the same notice soon!
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Originally posted by justbroke View Postresearchnerd 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.
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Originally posted by backtoschool View PostI 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.
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Originally posted by researchnerd View PostThe 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.
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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?
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Originally posted by justbroke View Postresearchnerd 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.
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Originally posted by tobee43 View Postwhewwwwwwwww!! 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??
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Originally posted by tobee43 View Postwhewwwwwwwww!! 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??
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.
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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...
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