Has anyone seen this?? Need some positive re-inforcement

[texanboy76]

Okay guys and gals here it is:

I filed in March of 09 and had 341 with everything going smoothe. I was to be discharged first week of June but received a letter from AMEX 2 weeks before discharge stating they were looking into a few of my charges. My lawyer sent letter and they agreed not to pursue any further. Then I get a letter a few days before my discharge from US Trustee stating they need additonal days to review case for presumption of abuse. I got letter with the information they are requesting and have provided rather quickly. My question is this....Did the letter from Amex cause the US Trustee to look into my case? I usually thought the Trustee office gets these motion to extend before or right after the 341 meeting. Just seems odd to me....Any thoughts??

[shabam]

I wouldn't think your cards would have anything to do with the trustee.

What is the UST asking for? Has he said why they are specifically looking into your case? The trustee is usually looking for hidden assets and income.

[CH33 Paralegal]

The trustee has the right to review your case at any point in time. It is unlikely that an unsecured creditor would cause the trustee to look at your whole case. the creditor is only concerned with their debt that you owe them. they could care less if you owe somebody else and they have bigger fish to fry than to plan your demise.

[justbroke]

Actually, what does the notice from the Trustee say? If it's an 11 USC 707(b)(1) presumption of abuse... and the Trustee didn't file that within 10 days of your 341 Meeting, then they can't dismiss at all. This is pretty settled caselaw.

Exactly how does the "presumption of abuse" note from the Trustee read? Work with your lawyer. The only time a "presumption of abuse" or "abuse" dismissal can come from the Trustee is if they, within 10 days of the 341 Meeting, provided notice that there is a presumed abuse. They then have to file an actual presumption and notice of dismissal or conversion within 30 days of that notice (so within 40 days of the 341 Meeting).

Unless this is a 707(b)(3) "totality of circumstances" or "bad faith" dismissal/conversion, I think the Trustee messed up.

[CH33 Paralegal]

Justbroke is right

[texanboy76]

Actually, what does the notice from the Trustee say? If it's an 11 USC 707(b)(1) presumption of abuse... and the Trustee didn't file that within 10 days of your 341 Meeting, then they can't dismiss at all. This is pretty settled caselaw.

Exactly how does the "presumption of abuse" note from the Trustee read? Work with your lawyer. The only time a "presumption of abuse" or "abuse" dismissal can come from the Trustee is if they, within 10 days of the 341 Meeting, provided notice that there is a presumed abuse. They then have to file an actual presumption and notice of dismissal or conversion within 30 days of that notice (so within 40 days of the 341 Meeting).

Unless this is a 707(b)(3) "totality of circumstances" or "bad faith" dismissal/conversion, I think the Trustee messed up.

[justbroke]

Wow... "agreed" motion. What is your lawyer up to?

[texanboy76]

Wow... "agreed" motion. What is your lawyer up to?

he's VERY good and has good realtionship with US Trustee...we are providing the information they asked for and will be prepared to defend...

[justbroke]

he's VERY good and has good realtionship with US Trustee...we are providing the information they asked for and will be prepared to defend...

Ah, that's why. It is true, that many lawyer have great relationships with the Trustee and the Judge. So, they don't want to sour that relationship. I bet your lawyer feels real confident that the "presumption of abuse" fears we be allayed and that's why it's ultra-cooperative.

I bet if it gets testy... he'll (your lawyer) challenge the dismissal anyhow.