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

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Presumption of Abuse statement

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  • Presumption of Abuse statement

    I'm new to this forum and have a concern. My wife and I filed chapter 7 on 5/4/17. We are over the median income by approximately $13500 but we passed the means test with a dmi of $76. Our meeting of the creditors went fine without the need for additional documents. 7 days after our meeting, we received a Presumption of Abuse statement from the UST with a date of 7/5/17. I have an attorney but they have not said much about it except that they have sent in any documents that the UST has requested. My attorney said that he has looked over our numbers and everything seems to check out. 8/4/17 will be 30 days from the date stated on the presumption statement and I haven't seen any new update in Pace. Should we be worried about the UST dismissing or converting our case or is it common since we are over the median income? I have been completely stressed out since receiving that letter and keep second guessing the numbers on my means test.
    Last edited by Goob1220; 08-02-2017, 11:50 PM.

  • #2
    If the UST has objected to discharge due to a presumption of abuse, ask your attorney what he plans to do about it.
    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!


    • #3
      My attorney told me that they submitted the documents that the UST requested. He said now it's just a waiting game. What happens if the UST doesn't post their decision within that 30 day time frame?


      • #4
        The UST has other thing they can do if the documentation doesn't pan out and it's past the 30-days. However, the 60-day limit is the more important limit for filing a complaint. If your attorney says that they submitted everything, you'll have to trust your attorney.

        The USTs in some Districts like to file a presumption of abuse in ANY case that is over the median. They then run the clock to 30-days and usually retreat if their additional, and deep, look at the case shows that the numbers are good.

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          Today, exactly 30 days after I received my presumption of abuse statement from the UST, I received a notice from the UST.
          "The United States Trustee (UST) previously filed a statement that this case was presumed to be an abuse under Section 707(b)(2). Based on further review, the UST has determined that this case is NOT presumed to be an abuse under Section 707(b)(2)". I can finally breath again and I can already feel the stress leaving my body! My Chapter 7 says awaiting discharge with the objection to discharge date of 8/25/17! Thanks to those who had commented.
          Last edited by Goob1220; 08-05-2017, 01:39 PM.


          • #6
            Typical. Many USTs will file the presumption of abuse for over-the-median cases where it appears that it may be borderline (or over the line). That's why I tell people to just follow any instructions, provide any documentation, and wait.

            Congratulations that your attorney was able to back up everything in your petition and relieve the UST's concerns.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              The waiting game is finally over! We received our Chapter 7 discharge on 8/28/17! We filed on 5/5/17, overcame the presumption of abuse by the UST, and are now waiting for our case to close. It was a no asset case so hopefully it will close quickly. Our stress is gone and we can now work on rebuilding our credit and get on with our lives. Thanks for those who answered our questions directly and non directly.


              • #8
                Congrats on the discharge! It's an amazing feeling of relief, isn't it?
                This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


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