What do you think this means?

[Kingxray]

Hi all,

As some of you know the UST has declared us a "presumption of abuse" case and filed a motion to dismiss under 707. Since then I had lost my job and I let our lawyer know. My income is a very small portion of our household income but it seemed to encourge our lawyer.

One of our many hearings (which we do not have to attend) was on Monday (4/20). I checked Pacer and under the minutes of the hearing it says "The parties informed the court that they have resolved this matter. A stipulation and order dismissing this case shall be forthcoming" The hearing was adjourned and no new date was set.

What do you think this means? Good news or dismissing our case? I can imagine our lawyer making that kind of move without discussing it with us first. We are waiting to hear from our lawyer. Thx.

[jessegirl]

Hey King - When I read some of your posts I feel that gut wrenching feeling for you in my stomach.....

What was the meeting for? Was it a 2004 deposition examination? How much your attorney told you not to go to that meeting?

Anyways, when I read what you seen on Pacer, I would think that maybe they now know that you lost your job and cannot fund a 13 so maybe they are going to dismiss there assumption of abuse against you.... I hope that would be great. Why don't you call Pacer and talk to one of the ladies in the office, they can probably give you a heads up on what that means. I sure do hope it is good news for you. I know what its like going to thru this crap.... Its down right nerve racking..
Goodluck and let me know what the outcome was.

[Kingxray]

Great to hear from you Jessegirl! Thanks for understanding. My stomach is in knots.

The hearings are just telephone hearings with the lawyers and judge and usually just to continue the matter. Monday's hearing was to set it for trial. Our lawyer really wanted either to fight the case in court or dismiss and refile. He did not want us in a 13. He said we could not fund it and would end up converting to a 7, especially with me losing my job. I hate to get my hopes up, but......

[lrprn]

It sounds like with your husband's job loss, your trustee decided you couldn't support a 13 and filed with the court to dismiss your 13 so a 7 could be filed with your lawyer's approval. Check with your lawyer to confirm this. Good luck - you are way overdue getting your stomach unknotted

[Kingxray]

Gee, I don't know. We already filed a C7 and then came the presumption of abuse and then motion to dismiss. I lost my job (not hubby) and I didn't really contribute that much to our income but it seemed to make a difference to our lawyer. At the latest hearing the lawyers told the judge they resolve the matter and were going to dismiss the case. Dismiss the presumption of abuse or the whole BK? Thats the part that confuses me. I couldn't get a hold of my lawyer today. Will try again tomorrow. Thanks for the imput.

[inpain66]

Gee, I don't know. We already filed a C7 and then came the presumption of abuse and then motion to dismiss. I lost my job (not hubby) and I didn't really contribute that much to our income but it seemed to make a difference to our lawyer. At the latest hearing the lawyers told the judge they resolve the matter and were going to dismiss the case. Dismiss the presumption of abuse or the whole BK? Thats the part that confuses me. I couldn't get a hold of my lawyer today. Will try again tomorrow. Thanks for the imput.

How did you find out they decided presumption of abuse? Do they send you something?

My pacer shows very little since my 341 from almost a month ago

[Kingxray]

It showed up on Pacer less than 10 days after our 341. I think they sent us something in the mail as well.