I did a search before I posted, but didn't see the answers to my questions. If there is a post I should have gone to, please direct me.
I'm in Chap 7 over means, but claiming totality of circumstances. I got a clerk's abuse letter right away after we filed. Went to 341 and no problems - even though we were terrified we were going to be grilled. About a week later I get the "regular trustee" letter (I know that's not correct term, but can't think of it right now) stating no assets. A day later we get the UST routine letter of presumed abuse and the reason was because we had checked the box for presumed abuse over means (which we had to do). Then yesterday we get a letter stating no abuse should be presumed. So that is good news, I suppose!
I've just been shell-shocked throughout this whole process. I know this is not the end yet. We still have to deal with an AP we are filing against one of the creditors. But atty wanted to get the strategy correct before proceeding further. He wanted to coordinate discharge with the AP, so that we aren't left in limbo on the discharge.
What I would like to know is can the UST decide its abuse still? I haven't done anything wrong (honest - lol), but just wondering when this will finally be over and another question is in the AP if there is a settlement and our costs go down on the mortgage how does that come into play? Also when is the last day the creditors can speak now or forever hold their peace - filed early June. Is it 60 days from 341 or 60 days from filing or???
I know these are questions to ask the attorney and I will, but this is just all unchartered territory for me. Could the UST try to leverage us into a 13 even if its been discharged, but the AP goes our way or if there is not enough equity after the settlement can we still pay the mortgage. The trustee could only take the home & sell it if the proceeds of a sale would be higher than the allowances we are allowed - correct?
If it doesn't go our way, at least we will be able to walk away. Its rather a relief to know that.
I'm in Chap 7 over means, but claiming totality of circumstances. I got a clerk's abuse letter right away after we filed. Went to 341 and no problems - even though we were terrified we were going to be grilled. About a week later I get the "regular trustee" letter (I know that's not correct term, but can't think of it right now) stating no assets. A day later we get the UST routine letter of presumed abuse and the reason was because we had checked the box for presumed abuse over means (which we had to do). Then yesterday we get a letter stating no abuse should be presumed. So that is good news, I suppose!
I've just been shell-shocked throughout this whole process. I know this is not the end yet. We still have to deal with an AP we are filing against one of the creditors. But atty wanted to get the strategy correct before proceeding further. He wanted to coordinate discharge with the AP, so that we aren't left in limbo on the discharge.
What I would like to know is can the UST decide its abuse still? I haven't done anything wrong (honest - lol), but just wondering when this will finally be over and another question is in the AP if there is a settlement and our costs go down on the mortgage how does that come into play? Also when is the last day the creditors can speak now or forever hold their peace - filed early June. Is it 60 days from 341 or 60 days from filing or???
I know these are questions to ask the attorney and I will, but this is just all unchartered territory for me. Could the UST try to leverage us into a 13 even if its been discharged, but the AP goes our way or if there is not enough equity after the settlement can we still pay the mortgage. The trustee could only take the home & sell it if the proceeds of a sale would be higher than the allowances we are allowed - correct?
If it doesn't go our way, at least we will be able to walk away. Its rather a relief to know that.
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