United States Trustee

[jec]

Anyone know what this is "UST Statement of Inability to Determine Presumed Abuse"

[freshstart06]

Does it state anything else???

[jec]

yes

it says they are unable to detirmine whether there is abuse

so basically they have not made any decision which is just as bad and i dont know what happens now

[Cassiopeia]

Is that from Pacer?

[freshstart06]

If that is from the letter that they send out to creditors then that is standard. Our letter said that, they just can really determine abuse until all the paper is in, the paper work you send to the trustee, not courts. However, if this is on pacer and after your 341 meeting then I don't know what that means. Maybe someone who experience that can help, Hopefully someone can or you can either call the courts if you did not use a lawyer or call your lawyer.

[lrprn]

According to the Trustee Event Guide/Florida Middle District at http://www.flmb.uscourts.gov/documen...eventguide.pdf, the UST Statement of Inability to Determine Presumed Abuse states the following to the court -
"Having reviewed the documents, if any, filed by the debtor and any additional documents provided to the United States Trustee, the United States Trustee is currently unable to determine whether the debtor's case would be presumed to be an abuse under Section 707(b) of the Bankruptcy Code."

Nolo defines presumed abuse as "In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy." (see http://www.nolo.com/definition.cfm/T...B447D/alpha/P/ )

In plain English, it looks like the US Trustee hasn't been able to decide yet if your monthly income and Means Test results qualifies your for Ch 7 or if you will be pushed into a Ch 13 plan.

What does your lawyer have to say about this turn of events?

[jec]

From Pacer

It is from pacer. Get this we went to experienced lawyers but this real young guy does all the actual court stuff and he said he dont know exactly what will happen next only that most likely go to court to let the judge rule on abuse. They are arguing on whether we can qualify because we passed but the argument is on wherther we can list secured property we are surrendering. Even though we sat in the meeting with the us trustee and she agreed that no judge would let us keep it because we cannot afford it. It seems as though they want us to pass the means test after we file not the condition we filed in.

does anyone know if decsions in other courts will swing things in our direction. Apparently there has never been a ruling on this in our district and court (knoxville tn)