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341 date assigned & no Presumption of Abuse!

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  • 341 date assigned & no Presumption of Abuse!

    Checked Pacer this morning and our 341 will be on Dec 16. So happy it will be before Christmas so we can (hopefully) enjoy the holidays.

    Also, on the Notice to Creditors it states "The Presumption of Abuse does not arise". Does that mean they have actually reviewed our numbers on the Means Test or are they just going by what our attorney has on our petition?
    Filed Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011

  • #2
    Good Luck at your 341 Dee! I think you are right in your assumption of the MEANSNO. : )

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    • #3
      congrats DEE!!!!!! that's GREAT news!!!!...looks like it's going just the way it's suppose to!
      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

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      • #4
        It means to date, no creditor has objected, and they have found no reason to see that you are an asset case. You will float on by the 341 and join the 60 day club just in time for Christmas. Merry Christmas.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        • #5
          Woohoo! It's going to be a merry Christmas at your house.
          Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

          Discharged 1/21/11 Closed 1/26/11

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          • #6
            Originally posted by Dee View Post
            Checked Pacer this morning and our 341 will be on Dec 16. So happy it will be before Christmas so we can (hopefully) enjoy the holidays.

            Also, on the Notice to Creditors it states "The Presumption of Abuse does not arise". Does that mean they have actually reviewed our numbers on the Means Test or are they just going by what our attorney has on our petition?
            The statement on your notice to creditors isn't all that meaningful, but it's a good start. Ours said the same thing, but a week after our 341, we got the UST's Notice of Presumed Abuse. If you are under median you should be OK though.
            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

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            • #7
              Originally posted by researchnerd View Post
              The statement on your notice to creditors isn't all that meaningful, but it's a good start. Ours said the same thing, but a week after our 341, we got the UST's Notice of Presumed Abuse. If you are under median you should be OK though.
              We are about $17k over median, which is one of the reasons I have been so stressed out. But our DMI is negative and hubby is still unemeployed, so I'm hoping for the best.
              Filed Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011

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              • #8
                Thanks for all of the happy wishes, everyone!
                Filed Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011

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                • #9
                  Congrats! Our 341 is 12/15!
                  10/26/10 - FILED CHAPTER 7 12/15/10 - 341 COMPLETED 2/17/11 - DISCHARGED & CLOSED

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                  • #10
                    Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case


                    Originally posted by Dee View Post
                    We are about $17k over median, which is one of the reasons I have been so stressed out. But our DMI is negative and hubby is still unemeployed, so I'm hoping for the best.
                    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

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                    • #11
                      Good going so far Dee!!!!
                      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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                      • #12
                        Originally posted by Fallonedward View Post
                        Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case
                        Fallonward, no, that is just on my income alone ($6250/mo before deductions, $4515/mo after payroll deductions). But, it is what it is, so I'm just going to hope all goes well.
                        Filed Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011

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                        • #13
                          Originally posted by Fallonedward View Post
                          Are you over median because of UI. Our attorney told us that for those folks in our district that are over median ONLY because of the UI, the UST will not bother us, I sure as heck hope that is the case
                          i know that didn't bother us.....but we were under both the median and our sch j was in balance. i actually believe some trustees actually look a the totality of the situation and make their evaluation on that. i know there are this rule and that rule yadda yadda and a few more yadda's...but your husband LOST His job....your income is down and you have the same expenses....

                          fallon, i think you should be fine...just get those expenses up there!!
                          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

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