For all those that have answered my questions, read my posts, wished me luck, etc...the battle is over for now and the UST has won. I have learned a lot through this whole process and if I knew then what I know now, well...I wouldn't be in this position.
Phantom income from sales of stock options and ESPP shares skewed my income abnormally high during the 6 months prepetition which allowed the UST to overstate my actual income and force corrections to my Means Test calculations.
It doesn't seem right, but it is what it is. My attorney argued that the income postpetition should be considered, but the judge ruled our Ch. 7 filing under the Means Test was abusive if the extra income was factored in. He agreed with my attorney that I would qualify for Ch. 7 given my most recent 6 months income. The attorney for the UST also agreed that if we refile immediately with the new income from the latest 6 month average, then he won't have a problem with our case. This is complete insanity...
So, now we have to refile and go through another 341, wait another 60 days with no objections (we had none the first time around), then hope the UST lets us through under the new petition. What a waste of time and money! But I guess this is the Government isn't it -- the Dept of Justice oversees the UST Program. Waste, Waste, Waste
For me, I am emotionally drained and can't do it anymore. I will do whatever I need to do, but I can't dwell on this. I can't look at BK Forum everyday and monitor PACER either. I am a broken man from this broken BK system. I won't be posting much anymore, but maybe in 4-5 months you will see that I finally received my discharge.
Best wishes to all,
getouttadebt
Phantom income from sales of stock options and ESPP shares skewed my income abnormally high during the 6 months prepetition which allowed the UST to overstate my actual income and force corrections to my Means Test calculations.
It doesn't seem right, but it is what it is. My attorney argued that the income postpetition should be considered, but the judge ruled our Ch. 7 filing under the Means Test was abusive if the extra income was factored in. He agreed with my attorney that I would qualify for Ch. 7 given my most recent 6 months income. The attorney for the UST also agreed that if we refile immediately with the new income from the latest 6 month average, then he won't have a problem with our case. This is complete insanity...
So, now we have to refile and go through another 341, wait another 60 days with no objections (we had none the first time around), then hope the UST lets us through under the new petition. What a waste of time and money! But I guess this is the Government isn't it -- the Dept of Justice oversees the UST Program. Waste, Waste, Waste
For me, I am emotionally drained and can't do it anymore. I will do whatever I need to do, but I can't dwell on this. I can't look at BK Forum everyday and monitor PACER either. I am a broken man from this broken BK system. I won't be posting much anymore, but maybe in 4-5 months you will see that I finally received my discharge.
Best wishes to all,
getouttadebt
I had been following your threads to see what happened and it truly is a waste that you have to refile ! I wish you luck in the future and I hope you get some peace sooner rather than later. I hope you see this but understand what you mean about needing a break from it all. Good luck 
getouttadebt
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