motion against my case

[jerryjones]

I just got mail that DOJ file motion against my chapter 7 case. They are saying that persumbtion of abuse did not arise. What is that mean? Any one..

[lrprn]

I just got mail that DOJ file motion against my chapter 7 case. They are saying that persumbtion of abuse did not arise. What is that mean? Any one..

I'm not a lawyer, but my best guess is that the US Trustee has noted that your Means Test shows there is no indication of abuse (you filed legitimately and are not trying to falsify your situation or commit fraud) but it's likely that one or more of your deductions or monthly expense figures on your bk forms is greater than what the US trustee believes it should be. Also it could be that the "totality of circumstances" in your case indicates that you could fund a Ch 13 plan.

If you filed with a lawyer, what does he/she say? And if you didn't file with a lawyer, it's time to find one. You don't want to go up against the US Trustee on your own unless you have studied bankruptcy in great depth and understand how to file the appropriate legal responses to the bk court.