help please!!! chap 7 presumed to abuse letter

[Kingxray]

I've have been through this twice. The first time the UST filed a statement of abuse and then motion to dismiss. We then made an agreement to dismiss our Chapter 7, change some things on the means test and then refiled. We refiled in June and the UST again filed a statement of abuse (in August) but not a motion to dismiss as of yet. Our lawyer feels that if the UST files the motion to dismiss we will fight it. Worse case scenario if we lose is we have 30 days to come up with a Chapter 13 plan. So hang in there. All is not lost yet. Don't panic and good luck.

[ska]

Sorry to hear you received a presumption of abuse letter. It could just be a minor thing that you attorney can handle. I doubt it is that you are above the means. We were above the means and didn't get presumed abuse. Did you have a positive amount left at from your income and expenses? I think if you are close to the $160ish mark on the means test, the UST may question some of the expense in order to push you into a 13. That is just a guess.

I am sure your attorney will have a good explanation.

Good luck!

[backtoschool]

What was your disposable income in your schedules?

Did you have an unusually large car or house payment?

Did you include student loans in your expenses?

The answers to these questions will help us figure out why you got flagged for presumption of abuse.

[lpaxton1971]

I received a letter advising that the trustee has reviewed all materials filed by the debtor and has determined that the debtor's case is presumed to be an abuse under 11 U.S.C. & 707(b)(2). There are no reasons why given on the letter. it is one sentence.

My salary was above the means level in Georgia so this may be the reason..not sure though. Anyway, i am waiting for my attorney to get back with me.

I am surrendering my home and my car..or i was going to do this. my dad bought me a car and I am paying him payments and did not put it in my name for now as to not show an asset..it is a cheap car...and now I get this letter. more worries for me i suppose.

anyway, can anyone shed any light on this letter? i read some of the previous threads so am somewhat familiar. Am I going to have to file a chapter 13? Can my attorney fight this letter at all? I am just ready for the worries to go away..if i have to pay on chapter 13 then fine I just want this thing to end.