Presumption of abuse stories

[Kingxray]

Hi all,

Does anyone want to share their story of filing Chpt 7 with presumption of assumed abuse, and what the outcome was?

As some of you may know, we filed 10/27/09 and went to an uneventful 341 on 12/18 and on 12/29 the statement of abuse was filed on Pacer. Our case is filed as Meansyes, No asset. We are surrendering our second home that has some equity in it to pay our creditors but has a lein on it placed by my dad.

Our lawyer wants us to be an asset case and he talked to the trustee's representative (his friend) about this and we currently are just sitting in limbo and waiting. No news on Pacer.

Just wondering if anyone had similar stories to share. I'm feeling pretty alone out here. Thanks all.

[JRScott]

I don't but I know others have here fought against such things. I hope they will come in and offer support. I hope things will turn out

[bruisedpeach]

I am just starting something similar, which is why I'm here. I'm new. I just received a letter from the US Trustee yesterday...*never* good. The trustee presumes abuse because supposedly my income is not less than the requirements specified. The thing that bugs me is...the paralegal and the lawyer did the math. Now it feels like I'm screwed. They said I passed the income test--that I was under. I'm sick to my stomach. I'm a single mother living in a *single wide* for goodness sake. They are free to come check things out if they think I'm trying to pull one over on them. :-( Sigh. I am so worried.

[jessegirl]

Mine is alittle different because I am not surrendered a home.

We filed of BK7 and 2-3 weeks later the UST trustee stepped in an hit us with an abuse claim and requested a bunch of different information, we sent him what we could but i could not produce 2 years of cc statements. My attorney sent the UST all the other stuff he requested and sent a letter stating that we didn't have the 2 years and onyl current ones. We never heard anything else form the UST. SO our 341 comes and it goes very smoothly. The reg. trustee says that the UST has put in for a presumption of abuse and could not understand why. After the 341 was over, the reg. trustee dismissed the presumtpion of abuse and we are a no asset case. So everything was very quite we are at the last day for objections, 4 hours before the end of the day and the UST hits us with an extension and is now looking for a dismissal of the BK! Needless, to say we are so upset. I feel that originally he hit us with the Presumtpion of abuse and when the trustee dismissed that, now he is looking for anything thing to fight us on.

BTW, we were over the median and have about 190K in cc's. We are a no asset case.

Our case has been a horrible experience and it seems that every corner we turn we hit a wall. I am now sitting in an extension for another 90 days.... Thats my story and I am sticking to it!!!!LOL.

[jessegirl]

I am just starting something similar, which is why I'm here. I'm new. I just received a letter from the US Trustee yesterday...*never* good. The trustee presumes abuse because supposedly my income is not less than the requirements specified. The thing that bugs me is...the paralegal and the lawyer did the math. Now it feels like I'm screwed. They said I passed the income test--that I was under. I'm sick to my stomach. I'm a single mother living in a *single wide* for goodness sake. They are free to come check things out if they think I'm trying to pull one over on them. :-( Sigh. I am so worried.

I feel for you.... Its like they want to you live in a box on the streets in order to be discharged. The UST that we have is relentless on getting our BK7 dismissed and seams that he will go until it does. He originally hit us with the abuse things to and when the reg. trustee dismissed that he went into to something else on the last day of discharge. You are probably better off being doanly trump, it seems he could keep filing and he keeps climbing to the top. Unbelieable!!! I know about the sick to stomach, that is me every frigin day... Goodluck...

[biotechsolution]

I feel for you.... Its like they want to you live in a box on the streets in order to be discharged. The UST that we have is relentless on getting our BK7 dismissed and seams that he will go until it does. He originally hit us with the abuse things to and when the reg. trustee dismissed that he went into to something else on the last day of discharge. You are probably better off being doanly trump, it seems he could keep filing and he keeps climbing to the top. Unbelieable!!! I know about the sick to stomach, that is me every frigin day... Goodluck...

I'm pretty sure in a chapter 7 bankruptcy, the panel trustee is there to do nothing more than look for assets. He isn't there to decided if you should be pushed into a Chapter 13 or be dismissed.

I think most of the objections will come from the UST when it comes to being dismissed or converted.

[floridian]

i think they should go back to old days of debtors prisons... at least you had a chance to escape, get pardoned, or at least get credit for time served.. this is just cruelty..

[jessegirl]

I'm pretty sure in a chapter 7 bankruptcy, the panel trustee is there to do nothing more than look for assets. He isn't there to decided if you should be pushed into a Chapter 13 or be dismissed.

I think most of the objections will come from the UST when it comes to being dismissed or converted.

I didn't say/mean the reg trustee is going to dismiss me. I was talking about the UST. the reg. trustee that did our 341, put in to dismiss the assumption of abuse, nothing more. Its the UST that is relentless

[bruisedpeach]

I waver between being angry and being depressed. I will be calling my lawyer today to find out what happened, and whether there is anything I can do. (Besides leaving the country and changing my name.) ;-)

[Kingxray]

Thanks for your responses. I guess we are all in a wait and see mode. No news again today for me. I can't take this anymore!

[Trixie007]

I can't take this anymore!

Hang in there! This is a tough place for anyone to be in, but keep coming here for support when you need it and try not to let this overwhelm you.

[blankslate]

I wish I could make you feel better with some awesome words of wisdom but I just don't have them. Just know that people here are thinking about you and pulling for you to make it through! Come here to vent any time and make sure to let us know how it's going!

[JRScott]

Don't any of you give up , Keep fighting the UST and abuse claims with all you can. You might wear him down in time . Been several folks here that have.

Incidentally the US Trustee could subpoena those records from the cc companies, no one keeps 2 years of credit card statements.....

[optimistic1]

Often times the means test shows a passing result, however, if you don't accurately portray the same image based on your schedule J, which is your actual expenses, then they determine you in fact have money to pay into a 13. I think it's stupid, because why have the means test then. To not let this happen, just make sure your disposable income based on Schedule J-I is negative, showing you qualify both ways, on the means, and on Schedule J.

[bruisedpeach]

Often times the means test shows a passing result, however, if you don't accurately portray the same image based on your schedule J, which is your actual expenses, then they determine you in fact have money to pay into a 13. I think it's stupid, because why have the means test then. To not let this happen, just make sure your disposable income based on Schedule J-I is negative, showing you qualify both ways, on the means, and on Schedule J.

I am sure my paying for my daughter to attend private school put up a flag. The trustee at my meeting even brought it up...asked for the name of school...not that it's any of his business. There is a preconceived notion that people who put their kids in private school are rich. I did it for a purpose, and I'm glad I did it. As a single mom, I felt it was the best option for her. I've gone without dentist appointments, dr. appointments, stayed in my single wide when I wished I could live in a stick built home, went without vacations, things I needed....just to keep her there. Even when I was laid off...twice in the past 10 years...that was top on my priority list. (To keep the tuition up, even if I had to eat ramen...good food for her, of course.)

BP