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Really need 7 but trustee wants 13

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    Really need 7 but trustee wants 13

    I am waiting to hear from my lawyer as to why she filed presumption of abuse. His secretary says she wants it converted to a 13. I REALLY don't have extra money to pay a 13. I don't understand how they can try to put you in something that would cause an undue hardship and force you to not be able to pay bills.

    Um where I live oil is 4.50 a gallon and gas is 4.10 and only rising. Groceries are up 40% and I have NO disposbale income. If they won't accept 7 and we lose the objection we will be forced to dismiss because we can't be locked into paying something we don't have for the 13.

    I understand we made financial mistakes but we are trying to survive here. We both got hurt and didn't foresee not making as much money.

    We are over the median income by about 4,000 but we passed the test, how can they try to convert. We show negative by 558 without the deduction I forgot to add like medical expenses and they put water bill in wrong too. I am really frustrated, stressed, and scared.

    #2
    Tough to say without knowing first what the basis of the presumption is. It might be something you can rebutt. How was your means test...was it pretty solid or did your lawyer have to "fluff" anything in order to pass? How about your schedules I & J..were any of your expenses way above IRS standards for your area? Those are some the common reasons for the presumption of abuse to get filed.

    If not, and you were forced to dismiss and refiled in 6 months, would you be under the median at that point?
    Last edited by laurannm; 06-30-2008, 05:23 AM.
    Filed Ch 7 - 07/10/08
    341 Meeting - 08/13/08
    DISCHARGED! - 10/15/08
    CLOSED - 10/20/08

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      #3
      Our mortgage is above the median and I think our car payment is too.

      Our income would be the same in 6 months. I guess I'll have to wait for his call back. It's so frustrating to be looked at as a
      case number" when there is so much more to it than that.

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