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    Update on bad, bad, bad news

    Hi all,

    If you recall from my previous thread we received a "motion to dismiss" for 707 presumption of abuse from UST. Finally got to talk to our lawyer today. He spoke to the UST and she told him that we were close and to rework the numbers and she will take another look at it.

    Our lawyer also said that he would want to argue in front of the judge some of the expenses that weren't allowed on our means test.

    Ahh, all hope is not lost! The fat lady hasn't sung yet.

    Thanks for all your support. Keeping my fingers crossed!

    #2
    Persistence always pays! I'm glad you have a lawyer willing to fight for you. Some are too lazy or fear the US Trustee. I don't fear the US Trustee. (Pssst... don't tell her I said that.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      How wonderful that she sounds like she will be reasonable! Good luck getting those numbers to make sense to her!
      BKForum Blog: The Journey

      sigpic

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        #4
        Thanks! At least I see a light at the end of the tunnel. I just hope it isn't a train! ha.

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          #5
          Every time I see the light at the end of the tunnel, it's the 7:32 coming through. - jb
          jb - A little knowledge is a wonderful thing - sometimes.
          Filed - 2/27/09
          341 - 4/3/09
          Discharged - 6/20/2009

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            #6
            My fingers are crossed for you. Good luck!

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              #7
              A good lawyer is almost an oxymoron, but there ARE some out there. I sure do remember your thread. Most Judges are fair and many lean towards the poor soul, not the one with a stick. If your lawyer goes to speak for you, be sure to be there. Look professional and smile little.

              Remember, none of us are here because we planned our demise to join this club. We are here attempting to repair our own mistakes in life and to learn not to make the same ones again. The Court sees that also and that is why Congress gave us the right to a “New Start”. Your ‘hamster dance’ is waiting, and it won’t be long and it will be your turn. ‘Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                #8
                Goodluck X-ray! Its great that you have a lawyer that goes to bat for you. They are few and far between. Hope everything works out for you.

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                  #9
                  Thanks again. You all are such great support. This is a great forum.

                  I hope we don't have to go in front of a judge (scares me to death). Either way if we convert and give up our second home we should have fairly low payments in a C13, so if we have to I guess we can get through it.

                  Jessegirl, how is your case going? Have you heard anything new?

                  Comment


                    #10
                    Originally posted by Kingxray View Post
                    Thanks again. You all are such great support. This is a great forum.

                    I hope we don't have to go in front of a judge (scares me to death). Either way if we convert and give up our second home we should have fairly low payments in a C13, so if we have to I guess we can get through it.

                    Jessegirl, how is your case going? Have you heard anything new?
                    Hey X-ray - the UST has been quite. The only thing that has been updated, is the Reg. Trustee has filed a motion to abandon any interest in out house. Why it came now is weird cause we were supposed to get discharged on 1/6/09, I wonder how the reg. trustee knew that we were extended?

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