top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

" US Trustee filed their motion to dismiss not appropriate"

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • tobee43
    replied
    Originally posted by scorpion35 View Post
    he did say that i was all set,and will get my discharge around 12/21
    i am sure you will be fine!!!

    Leave a comment:


  • lunasgal
    replied
    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!

    Leave a comment:


  • scorpion35
    replied
    Originally posted by justbroke View Post
    Perhaps 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.
    he did say that i was all set,and will get my discharge around 12/21

    Leave a comment:


  • justbroke
    replied
    Originally posted by scorpion35 View Post
    the thing is i didn't get anything from the UST
    i am just curious .thats why i started this thread
    Perhaps 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.

    Leave a comment:


  • SunshineGal
    replied
    Scorpion!!!! You stressed me out...I've been wondering why you got yours so fast and we got nada, lol.

    Leave a comment:


  • scorpion35
    replied
    the thing is i didn't get anything from the UST
    i am just curious .thats why i started this thread

    Leave a comment:


  • olivies
    replied
    This is awesome news for you. Crossing my fingers I get the same notice soon!

    Leave a comment:


  • tobee43
    replied
    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!

    Leave a comment:


  • tobee43
    replied
    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.

    Leave a comment:


  • tobee43
    replied
    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.

    Leave a comment:


  • SunshineGal
    replied
    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?

    Leave a comment:


  • backtoschool
    replied
    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.

    Leave a comment:


  • justbroke
    replied
    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.

    Leave a comment:


  • researchnerd
    replied
    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.

    Leave a comment:


  • tobee43
    replied
    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...

    Leave a comment:

bottom Ad Widget

Collapse
Working...
X