Question on going to court

[OhioFiler]

Oh I'm not. That was the first thing out of the lawyers mouth.

One other question. I was reading up on totality of the circumstances and it seems like they can include any future income. My hubby owns a mortgage company. Obviously his income will go up when the housing market improves. Can the judge look at this and assume we will be able to afford our debt one day in the future?

sorry for all the questions. I was up all night worrying about this and now I drank too much coffee!!!

I don't think the Court can impute income based on perceived economic changes.

[goingcrzy]

Oh I'm not. That was the first thing out of the lawyers mouth.

One other question. I was reading up on totality of the circumstances and it seems like they can include any future income. My hubby owns a mortgage company. Obviously his income will go up when the housing market improves. Can the judge look at this and assume we will be able to afford our debt one day in the future?

sorry for all the questions. I was up all night worrying about this and now I drank too much coffee!!!

[OhioFiler]

I don't understand. My house is soooo underwater. If I sold it then I would owe even more money. Where am I suppose to live -in a van down by the river

I am holding onto the house for emotional reasons. My 4 kids grew up in the house, plus I am getting too old to start moving around. I understand it doesn't make sense financially, but I am old and stubborn!

Please don't reaffirm the mortgage if you can avoid it! You might one day realize it makes zero sense to keep a house for emotional reasons.

[goingcrzy]

I don't understand. My house is soooo underwater. If I sold it then I would owe even more money. Where am I suppose to live -in a van down by the river

I am holding onto the house for emotional reasons. My 4 kids grew up in the house, plus I am getting too old to start moving around. I understand it doesn't make sense financially, but I am old and stubborn!

[frogger]

The UST is fighting us on our mortgage. Its 5000 per month.

Without knowing anything else, if I was the UST, I would probably fight you on that too.

[goingcrzy]

gotcha. Thanks for the help!

[OhioFiler]

Do the USTs try to change past rulings? Or do judges like to rely on past rulings.

It seems to me that if they use the CA ruling, I am ok. I am not in the same district (I don't know if this matters).

I am still a bit nervous. My lawyer said it will take 3 to 4 hours. I am scheduled at the end of the day. Is it this long, just in case the court gets backed up, or am I going to get drilled for four hours on everything I have done.

Both. Relying on past rulings is precedent. Where they are pretty much forced to rely on a past ruling is when a Federal Appeals court overseeing your district sets a precedent.

A judge can "change a ruling" if he finds differences in your situation than the case your attorney cites to support your position.

Your attorney must plan to show the judge what prior cases support your position and be able to explain why the UST's citations are not valid for your situation.

[goingcrzy]

Do the USTs try to change past rulings? Or do judges like to rely on past rulings.

It seems to me that if they use the CA ruling, I am ok. I am not in the same district (I don't know if this matters).

I am still a bit nervous. My lawyer said it will take 3 to 4 hours. I am scheduled at the end of the day. Is it this long, just in case the court gets backed up, or am I going to get drilled for four hours on everything I have done.

[OhioFiler]

The UST is fighting us on our mortgage. Its 5000 per month. He says if we sold it we could pay back our debts, that keeping the house is abusing the system. I sent the attorney the CA case where the judge said the UST can't do this, plus I found another case where the filer had a high mortgage payment, a boat and an RV and it was approved. I am in CA, and this is what homes cost.

For some reason the UST has is out for me.

I doubt the UST has it out for you. It's not personal.

[goingcrzy]

The UST is fighting us on our mortgage. Its 5000 per month. He says if we sold it we could pay back our debts, that keeping the house is abusing the system. I sent the attorney the CA case where the judge said the UST can't do this, plus I found another case where the filer had a high mortgage payment, a boat and an RV and it was approved. I am in CA, and this is what homes cost.

For some reason the UST has is out for me.

[OhioFiler]

Too funny! Good thing I am not an accountant!

I was't joking when I asked you what crime you had committed.

Apparently you've passed the means test but the trustee sees something in your schedules that leads him to believe the "totality of the circumstances of your financial situation demonstrates abuse".

Did your attorney give you specifics?

[goingcrzy]

Too funny! Good thing I am not an accountant!

[OhioFiler]

no one had to go court? Am I the only one

edit: it was for 707(b)3. Sorry too many numbers for me.

A monkey can remember up to seven numbers. I am apparently not as smart as a monkey.

You should go read 707(c) to appreciate why your post received little acclaim.

[goingcrzy]

no one had to go court? Am I the only one

edit: it was for 707(b)3. Sorry too many numbers for me.

A monkey can remember up to seven numbers. I am apparently not as smart as a monkey.

[goingcrzy]

I think I must have looked at the UST funny.