not good news...

[HRx]

wish you mentioned your car payment amount earlier!! couldve saved you some frustation!

[2US]

Why do you say that (re: car payment amount)? Is it an automatic process if the car payment is higher than the allowed amount? Further, what makes the difference what the payment is? The fact of the matter is, you owe the money, and can't afford to make the payments regardless of the amount. If you didn't file for bankruptcy, you wouldn't be able to get out of paying the car? Doesn't seem logical that a motion to dismiss your case would be filed because you have a high car payment.

[StaciMM]

2us-

A large car payment could be an issue if you're trying to keep a car that could be considered a luxury rather than a necessity. I don't know where the OP's car falls, but the IRS guidelines are something like $475 for the 1st vehicle and $338 for the 2nd. If you had an $800 payment on a Hummer, the trustee would probably question that. (If you gave it up, got a lesser vehicle, it would free up some money to repay a portion to your creditors.)

[AnnieG]

wish you mentioned your car payment amount earlier!! couldve saved you some frustation!

I'm confused by your post....the total of $969/month is for two cars: $400 for one and $569 for the 2nd. I would happily get rid of the $569 car/payment, but we are upside-down on the loan by about $5,000. We are two years into the loan, so we can't cram down. Two years ago, finances were much different - hubby was working, I was making more. We did a no-money down deal, thus making the payments larger. BTW - the $569/month is for a minivan...

[AnnieG]

When you say that you didn't hear about this until 1 day before expected discharge, does this mean this is when you got the letter, or you noticed it in PACER 1 day before discharge? Also, when you say when you are suppose to get discharged, do you mean your last day for objections?

The motion was posted on Pacer 1-day before my date for objections.

[edwards2]

Annie G - so was ours. I almost fainted when I looked at Pacer and saw there were flags...which turned out to be codes for substantial abuse......It took me 2 days to gather all the paperwork to satisfy the U.S. Trustee but it was worth it. Again dont stress just because the trustee is objecting....in our case as I have posted before, she wanted justification on an expense...admittedly we got lucky...she was really nice and non-combative...hopefully yours will be too. By the way we had NO CLUE she was going to object.

[AnnieG]

Annie G - so was ours. I almost fainted when I looked at Pacer and saw there were flags...which turned out to be codes for substantial abuse......It took me 2 days to gather all the paperwork to satisfy the U.S. Trustee but it was worth it. Again dont stress just because the trustee is objecting....in our case as I have posted before, she wanted justification on an expense...admittedly we got lucky...she was really nice and non-combative...hopefully yours will be too. By the way we had NO CLUE she was going to object.

Edwards2- did you find out right away if the Trustee was going to move to discharge?

[edwards2]

Annie - Our letter from the trustee said she did not receive all the documentation she requested from us so she asked for a motion to extend time....We thought okay no big deal ...2 days later she asked for a lot of other stuff (and I mean a lot) so we sent that in. Everything I read suggested that the code used on Pacer (flags) meant that our case "could be" dismissed because of substantial abuse...could be ...operative words. Needless to say I was a nervous wreck but my story did have a happy ending as you might know. The trustee was very quick to respond - the first week after we got the letter but keep in mind that was over 3 months ago and before the new law and the influx of filings last month. Yours may take longer. Keep in mind...it doesnt mean she/he is automatically going to dismiss your case...

[spooby72]

Annie

What is your income range and how much unsecured debt have you included in your bk?

[jennga]

I'm curious as to where on PACER the flags show up. Is it in the docket section of one's case? I am still not sure what to look at on Pacer. My 341 was the 28th and I would not know for sure where the updates would be reported. I would surely want to know ASAP if the US Trustee was going to object or whatever else they can do.

[bkfiler]

i see it many times where the US Trustee will catch something and it usually happens right at the end of the case. what is strange is that it seems like it is something the that the trustee would have complained about instead of.

i guess its just like a set of two heads double checking.

[edwards2]

bkfiler - you are so right. We thought we were home free because the BK trustee seemed to "accept" our case. The U.S. Trustee told our attorney she didnt have time to go over our case so she filed for a motion to extend..at the last minute...