Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Declination Statement and Reaffirmation Question

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  • Declination Statement and Reaffirmation Question

    Sorry if I am not current in the terms. I'm still trying to understand everything. I posted this in another forum but no responses for far so here goes.

    2 weeks ago, after a Presumption of abuse was filed, the US Trustee then filed this:
    The United States Trustee previously filed a statement pursuant to Section 11 U.S.C. 704(b)(1)(A) indicating that this case is presumed to be an abuse of the provisions of chapter 7 of Title 11 of the United States Code. Notice is hereby provided that the United States Trustee, based on currently available information, does not consider a motion under Section 11 U.S.C. 707(b) to be appropriate for the following reasons: Decrease in Debtors' income.

    On the date of fling I was employed, but due to my husband and I receiving full custody of his two adopted children from a previous marriage, we decided for me to quit my job. When the UST requested info prior to our 341 meeting, he was notified that yes I am quitting my job. But also that we will be receiving Title IV-E Beneifts for my husband's adopted children. Our attorney submitted an explanation of this. With all the information. Already given, it was my understanding that the trustee is aware of my loss of income and the Titile-IVE and still provided with "does not consider a motion 707(b).

    I contacted my attorney yesterday about the reaffirmation of our vehicle. Filling out the paperwork, our income from date of filing has changed and I no longer have income. However, since we have custody of my husband's children, who are adopted and receive Title - IVE benefits under the SSA and his loss of having to pay child support, our attorney stated this in an email.

    "The US trustee, as you recall, stated that there would be no 707(b) motion to dismiss based upon currently available information. This is iturn was based upon a decrease in debtor’s income. My calculations show an increase in income, but decrease in net income. This does not factor in the 401k loan which will expire. I can’t say whether this would cause the US Trustee to relook at your situation, but it might. Do you have any other changes in your expenses since filing. I wanted to give you advance notice of possible issues."

    Is it possible to have the declination withdrawn? Because of the Title-IVE benefits he is saying that we could be tossed out of Chapter 7 and have to file a Chapter 13. But SSA Title-IVE are for my husband 2 adopted children. That money is considered Federal. At tax time, it isn't even included nor counted as "income" But our attorney is saying that is income for the family and the Trustee can consider it an decline our request for a Ch7.

    I just wanted to know if anyone knows of a Declination being withdrawn after it's been filed already?

  • #2
    gohawks3, please do not repost the same question twice. It can cause confusion if people respond on two different threads. I deleted your other post. Please be patient. This forum is not as busy as it used to be and you often may not get an answer the same day.

    I don't really know the answer to your question. But, if the time to object to discharge has not passed, I suspect that the US Trustee can file a new objection even after withdrawing the first one, If your petition is amended to show increased disposible income, I would think there would be a new period for objection. Have you had your 341 yet and did the US truste receive the additional information after withdrawing his objection?

    Keep in mind that income in BK is not always the same as taxable income. However, I believe Social Security Income is exempt income under BK.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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