Presumption of abuse/student loans

[loko2012]

Hey guys/gals!! I filed Ch.7 on May 28, 2008. I am well above the median income but my attorney felt that since I have about $100,000 in student loan debt(that is non-dischargable) that is a special circumstance to slide me into a 7. ALso, the $800 a month student loan payment puts me in the negative for disposable income by -($780).

At my 341, this past Friday (6/27) ,the trustee was pretty cool. She asked why I filed bankruptcy. (I told her I Moved from TX to NY for a job....lost the job 4 months later...unemployed for 3 months....house on market in TX for a year...paying both TX mortgage and NY rent...got a new job but making $25k less than previous job...PLUS $100K student loan debt) she seemed to understand my pain..lol The only thing she requested was a copy of the short sale for my house in TX(which I lost $40K on). She did not ask any questions about my expenses on the Schedule J/I or about my income. I make about $80K a year.

Soooo...is this a good sign?? Does this mean I now just have to wait 60 days for the discharge? Or does she now go back over my petition and documents with a fine tooth comb?? I just dont want to feel I am out of the woods yet..if there are more things that could come up...Any feedback is helpful=)

[JRScott]

loko hard to say. I think it went pretty good for you.

So long as you provide the information requested and it pans out I think your in good shape, however since you are above median income filer their could be a presumption as we've seen a lot of that. Just keep providing requested information with your lawyer's help and we've seen a lot of those dropped over time.

So for now its good news . Checking PACER once a week or so should keep you informed.

[Help!]

Soooo...is this a good sign?? Does this mean I now just have to wait 60 days for the discharge? Or does she now go back over my petition and documents with a fine tooth comb?? I just dont want to feel I am out of the woods yet..if there are more things that could come up...Any feedback is helpful=)

Keep an eye on your case history on PACER. If you get past 10 days of your 341 without a presumption of abuse statement I'd say you're in good shape. Not to worry you, but in the process of rebutting abuse in my case I learned that student loans are only a "special circumstance" if the judge in your district allows them to be. Some debtors have been forced to take a forbearance on student loans in order to repay a portion of their debt through Ch. 13.

[loko2012]

Thanks !! My attorney says he knows the judge's past history and would be highly surprised if he ruled against me. Just have to keep my fingers crossed. I hope they will also take into account that I have been caring for my grandfather the last 5 years(he has been living with me and I have also claimed him on my taxes) as well as I pay for his vehicle and insurance as well. Is there a specific place to go on PACER for the changes to my case? I tend to just click on everything until I see what I am looking for.

[Help!]

Thanks !! My attorney says he knows the judge's past history and would be highly surprised if he ruled against me. Just have to keep my fingers crossed. I hope they will also take into account that I have been caring for my grandfather the last 5 years(he has been living with me and I have also claimed him on my taxes) as well as I pay for his vehicle and insurance as well. Is there a specific place to go on PACER for the changes to my case? I tend to just click on everything until I see what I am looking for.

Since it's costing you eight cents a page, I'd go straight to the docket since you get a little more info. than the history. If you are above median, your special circumstances will not be taken into account unless your case goes to the judge. For the U.S. Trustee, it's all about the numbers. Do not be surprised if a statement of presumed abuse is filed. It is the rule and not the exception, but it depends on the "feel" of your case as a whole. Good luck!