Presumption of Abuse DOES APPLY-Great!

[jdmc1973]

Soooo...I checked PACER yesterday afternoon and the US Trustee had filed a document stating that the presumption of abuse does arise under (707(b)2) for my case and specifically mentioned that they had not received all the documentation that was requested. WTF? I had emailed my lawyer a month ago when the determination could not be made at the time because there was missing information. He said that they had sent the Trustee everything they requested and that was just them wanting more time to review it. Well, apparently they didn't get everything they requested and now look what happened. I'm SO mad. Has this ever happened to anyone else and then it turned out they did have what they wanted or something was overlooked and once it was corrected, the Trustee changed their finding? I mean I don't understand, I'm negative on both my expenses and my means test(once you take into account my student loan payments that had to be factored in at the very bottom of the means test-before that I showed some disposable income of around $150, but my student loans are $260). I've already emailed my lawyer and attached a copy of that document, but I'm sure he won't look at it til Monday.

[jrsmom]

JDMC, were you allowed to use your student loan payment on your means test? My daughter was told at her 341 that she couldn't.

[dp1969]

JDMC, were you allowed to use your student loan payment on your means test? My daughter was told at her 341 that she couldn't.

I didn't think that was possible, too. I've read several posts on this forum how attorneys factored that into the means test so anything is possible.

[jdmc1973]

It wasn't factored in the means test, but it was under the "Any other payments" or whatever it was titled near the bottom of the means test in the box after the shown disposable income. So, it's not calculated as part of the disposable income, but I would think they have to consider that payment when determining whether a person is eligible for Ch 7. I mean, it's not like I can choose NOT to pay them. Yes, please garnish my wages for not paying them. LOL It makes a difference of me having $150 disposable income or having -$110 disposable income. I don't think it's fair for them to not factor that in, ya know?

[jdmc1973]

**update**

Surprisingly, I received a response from my lawyer. He said not to panic and that that letter was the trustee's way of saying they didn't agree with some of the deductions. He said that he's already been back and forth with them on all of this and said they're not going to fight him on it and I should see a "Declination to Dismiss" within a few days. I'll update here as soon as I know something.

[sharksfan]

...I should see a "Declination to Dismiss" within a few days.

Is that good or bad?

[jdmc1973]

That would be a good thing.

[jdmc1973]

[Minnymouth]

NOW that's what you want to hear........................

NO ABUSE...................

Cheer, but be patient now till things work themselves out and follow the course...

[jdmc1973]

20 days until discharge.....I didn't think they would work that quickly since the 10 day statement was 37 days after the 341 and the 30 day statement was 1 day after the 10 day statement. I guess they were a little behind and were trying to catch up. I'll be able to sleep a lot better when this is all over and get started on rebuilding my credit.

[Lindsay]

That sounds like great news to me! I'm so happy that everything worked out for you.