Statement of presumed abuse...no reason! is that normal?

[getouttadebt]

No-one answered the main question. Anyone know if the "presumption of abuse" on pacer usually says more. Mine only says "the us trustee has reviewed all the material submitted by the debtors and has determined that the debtors case is presumed to be a abuse under 11 u.s.c.(707)" Thats it. Nothing about 30 days, nothing about converting. Thats the only sentence on the whole letter. Odd.

Dragonfly,
I can only speak for the 10-day Statement of Presumed Abuse that we received. It was a 1-page letter with the line numbers in the left hand margin. In bold it was titled, United States Trustee's Statement of Presumed Abuse. Then, the standard "As required by 11 USC 704(b)(1)(A)..."

Then it states the following:

...the United States Trustee has determined that: (1) the Debtors' case should be presumed to be an abuse under Section 707(b); and (2) the product of the Debtors' current monthly income, multiplied by 12, is not less than the requirements specified in Section 704(b)(2)(A) or (B)

Then it details that the UST has 30 days to file a motion to dismiss or convert, or file a statement setting forth the reasons the UST does not consider such a motion to be appropriate. And within 5 days, this statement would be shared with all creditors.

On PACER, can you look at the History section of the docket and download the document that the UST filed? Anyway, really hoping your case goes through without any further delay.

Good luck,
getouttadebt

[deafbroke]

No-one answered the main question. Anyone know if the "presumption of abuse" on pacer usually says more. Mine only says "the us trustee has reviewed all the material submitted by the debtors and has determined that the debtors case is presumed to be a abuse under 11 u.s.c.(707)" Thats it. Nothing about 30 days, nothing about converting. Thats the only sentence on the whole letter. Odd.

Under the Query page you can click on History/Document
Then under that page check the box that says Display docket text ,then run query. It will give you a little more info than without the test box checked. That might help.

I noticed when I click on the document number to view the document a blank page comes up. It's doen that with every one I clicked on. Is that the norm or should the document show up? You wil lrecieve a letter int he mail stating the same as the Pacer and it might give you more info as to the reason for the abuse allegations.
You can check Deadline/Schedule on Pacer also to see if you have a hearing date or deadline that might be if use.

DB

[poohlam]

patty

We filed bankruptcy went to the 341 meeting of creditors January 13th and now 3 day later we got a letter from our attorney that the us trustee has filed a "statement of presumed abuse. What really makes me mad is in the metting of creditors there were 2 people who had filed bk for the second time in 10 years and they think we are abusing the system. I am a little freaked out all that money we pay for the bk with gone wasted for nothing. I cant get a hold of my attorney so can someone tell me what this is about and how do you get on that pacer thing