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    341 this morning...

    Not too bad. We got there about 20 minutes early and were able to observe 4 or 5 other filers go through the process which put us at ease.

    He asked all the typical questions: Name, Address, Phone, any transfers of $$ or property in last 12 months, all schedules correct, looked over our 2005 tax return and last 6 months pay-stubs and that was it.

    Here's where it gets a bit interesting...

    Our case is being looked at or "investigated" by the US Trustees office on top of our local trustee. We conferenced in the US Trustee during our 341 for some questions about my ebay sales and expense reibmursements from my employer. As a result I have to go through my last 6 months bank statements and link expenditures to reimbursements and link deposits to my 5 or 6 Ebay sales.

    Our attorney said since our income is above the max set for Florida, we are being looked at more closely and the Trustees Office is looking for any additional sources of income to see if they can convert us into Chapter 13.

    The other thing they are trying to do (the US Trustee) is remove my student loans from my Means Test. Their argument is that the Student Loans can be placed in forebearance during a Chapter 13 repayment plan. Apparently there is little precidence for this in FL so that is being argued back and forth.

    The meeting itself was reletively painless, I was just hoping it would be practically over after this, but we are probably looking at a few more weeks of info back and forth with the US Trustee...
    Filed: 12/08/2006
    Discharged: 03/22/2007
    Closed: 01/30/2008

    #2
    Out of curiousity, were you over 100k in unsecured? That's almost always one of the trigger points for US Trustee involvement.

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      #3
      No, we are at about $70k...that could still be the trigger, but I think it was the relatively unexplained income entries on our bank statements. I think (hope) it will be ok once we provide the necessary explanation. The US Trustee asked me if I had an Ebay "Business". I explained that I've lost money on all 8 items I've EVER sold on Ebay...I was a bit taken back that she called it an "Ebay Business", but I understand that it's their job to look for sources of income...we'll see.
      Filed: 12/08/2006
      Discharged: 03/22/2007
      Closed: 01/30/2008

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        #4
        Update - just spoke with our attorney. She has been on the phone all afternoon with the US Trustees office. They wanted an ammended means test without our student loans out of expenses and with my Ebay income in there. We passed it again and the US Trustee told our attoney this would probably go away since we still passed the test. We should know by the middle of next week...feeling better...
        Filed: 12/08/2006
        Discharged: 03/22/2007
        Closed: 01/30/2008

        Comment


          #5
          Update - got an email yesterday from our attorney. She said the US Trustee's office had dropped it's objection to Chapter 7 and everything looks fine...(fingers crossed til March 12th)
          Filed: 12/08/2006
          Discharged: 03/22/2007
          Closed: 01/30/2008

          Comment


            #6
            Phew!!

            WTG, CC!!

            That's the big hurdle. The UST's Office. Creditors should pale in comparison.

            Fingers crossed and praying for your date to arrive without incident!!
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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