Originally posted by tobee43 View Post
well you used the term"totality of circumstances"

appeals court adopted "totality of circumstances" test for bankruptcy proceedings to determine if a debtor has engaged in substantial abuse of the process by filing for chapter 7 bankruptcy, when in fact there is sufficient income to repay debts.

you also hear people use presumption of abuse....sounds terrible but it only means the court, or trustee may think you may be able to afford to pay some of your creditors or a payment plan may be the way the court thinks you have to go.

so, at this point...and this is purely speculation, it may be the trustee opinion after having reviewed your situation, feels there are some assets...or maybe believes you can handle a chapter 13....

it was decided in a past decision and affirmed. not an exact quote....but close to the best i can recall at the moment...for a further explanation.

"the court joins other circuits in adopting the "totality of the circumstances" test as the measure of substantial abuse under the bankruptcy code. this is a flexible standard adopted by congress to allow bankruptcy courts to consider the factors involved in each case and to prevent abuse of chapter 7 filings. When there is evidence that the consumer can pay their debts, there is likely to be found substantial abuse."

pacer many times is NOT up to date with it's information...so there will be times you need to wait for the information to get updated...sometimes it's not quite as timely as you would so i would not count on it. your atty should have the answers before pacer does.