Tomorrow is the big day against the UST

[music12]

ok, take a deep breath, and move forward. you will be able to handle it.

[TeacherMomma]

Well, that was lame.
We have 10 days to convert to an 11 or dismiss. The goal of the 11 is to pay down some of the debt and convert to a 13.
No oral arguments-everything had to be submitted in the documents from both sides (it was). UST was nice, we talked before and he let us know what he was thinking about some stuff, and said if she rules on her tentative and we do convert that he has some names of attys for me (gee-thanks). I got a little upset with him prior cause he was talking to me as if it had been decided, and he had asked "well do you want to convert because I will do the conversion order for you if that what she rules, I don't want to put more stress on you" and I flipped a little bit and I said "NO I want her to do what I asked for in my opposition-so why don't you relax till we go before her".
So much for that.
Sigh.

[music12]

or, maybe you can get the court to let you and the ust work something out; if the ust is not "against" you, that could work.

[Kingxray]

Good luck teachermomma! I feel for you. We are going through the same thing but have not had our initial hearing yet.

I agree with Music. Maybe you can work something out. That is what our lawyer is trying to do. He is going to call the UST when it gets closer to our hearing and see what her beef is and what we can do to resolve it before going to trial, even if it is a cheap 13.

I don't know your story but I will look up your threads in the archives. I wish you the best tomorrow. Keep us posted!

[music12]

also, you must have done a ton of research already, but have you looked at the legislative history to see what the lawmakers were thinking in setting the cap? i.e. what were they saying in congress when they were passing the bill? maybe you could find something there that would show that you are not the type of person the lawmakers intended to end up in ch 11.

you can also ask for time to prepare something about this

[music12]

i really have no idea, but sometimes you can get creative with the law and still remain within the law. if it looks like it does right now, just say something like "your honor, there must be another way" and see what happens. i mean, i don't think the lawmakers intended for someone like you to be stuck in such a predicament, so maybe there is a way to interpret the law to help you. maybe she'll take some time to think about it. often they say that if the law ends up in an "absurd result" judges may interpret it so it makes sense. just try, i have no idea what would happen.

[TeacherMomma]

Like what type of modification, Music?

[music12]

maybe find some way to compromise? ask if there is some other way to proceed other than the stressful ch 11. or ask for some modification of the hard things in the ch 11. maybe she'll be reasonable and find a way to help you through the process. you are pro se, after all.

[2manybills]

"Unfortunately, these debtors are not eligible for chapter 13, as their unsecured debt exceeds the debt limits. Student loan payments are not deducted from calculations. Presumption of abuse has arisen that has not been rebutted. Dismiss case unless debtors are prepared to convert to chapter 11."

This was on the website this AM for her tentative ruling. I supposed she means that it was not rebutted sufficiently to satisfy her, because it WAS rebutted in my filed opposition.

So....not good. This should be a fun waste of a day when we go.

Let's hope not TeacherMomma! Good luck to you. I've been off the boards with the flu (hope not H1N1) for the last days.

I'm sure she will listen to oral argument, so keep us posted. You opposition laid out the facts. Keep us posted!

[TeacherMomma]

"Unfortunately, these debtors are not eligible for chapter 13, as their unsecured debt exceeds the debt limits. Student loan payments are not deducted from calculations. Presumption of abuse has arisen that has not been rebutted. Dismiss case unless debtors are prepared to convert to chapter 11."

This was on the website this AM for her tentative ruling. I supposed she means that it was not rebutted sufficiently to satisfy her, because it WAS rebutted in my filed opposition.

So....not good. This should be a fun waste of a day when we go.

[albacore44]

Good luck to you. thanks for all the information on this court. I'm right behind you.

[aces67]

Good Luck! I hope it all goes well for you!

[frogger]

Good luck!

[mom2three09]

Sending good vibes! Update us when you can

[AngelinaCatHub]

Good luck to you!!