Means testing..us trustee role in chap.7

[drummer1]

Ok so we are done with our 341...But the more I read here the more I learn...

We were a bit over the median however no matter how it was added up we still do not have any disposable income...Our attorney feels we should be fine..Does the us trustee usually follow suit with the local trustees findings? or is it completely different? what Are there odds to this type of thing? we really do not have any disposable income at the end of the day...and even our lawyer told us alot of this stuff with the new laws is unrealistic and really hurts people on the line with this means testing thing..Anyway basically we are worried that the us trustee will change things on us...Can someone here eloborate on exatly what the us trustee usually does after the local trustee is done? Thanks

[jec]

as long as you have the allowed allowances you should be fine

The main problem is listing secured debt that you intend to surrender although the majority of the courts have ruled in the debtors favor.

[lrprn]

The whole goal of the 2005 revision of the bk law was to force more people into Ch 13 to pay back at least some of their debt. Sorry to hear you came close to getting caught in the net

Now two years later, there's more and more case law addressing the gaping black holes in this very poorly written law. I would trust your lawyer's instincts - he/she has seen many cases go through your court and has a good feel for what's going to fly now and what isn't.

And the local vs. US trustee - the local trustees work under the US trustee. Their purposes are different, so it's possible for the local trustee to believe everything is fine and for the US trustee to disagree with the local trustee's interpretation of the case. Frankly, this doesn't happen very often. If it does, then your lawyer works with the US trustee on your behalf the same way he/she does with the local trustee to resolve the issues.