motion to dimiss

[italiana66]

ok a quick update....now the trustee wants for us to give a deposition on dec 10th...anybody gave a deposition before? What to expect?

[justbroke]

is it legal for him to go foward without looking at the info????

Absolutely "legal". Remember, it's not the United States Trustee (UST) that dismisses your case. It can only be dismissed for cause, and that must go before the Judge. The Judge is the "finder" of fact and will determine whether there is a "legal basis" for the case to be dismissed.

This means that you and your attorney will need to prepare your defense to the Motion and prepare for the hearings which will ensue. While medical evidence can be overwhelming and "easily" convince an attorney (the UST). When an attorney is not convinced, or otherwise wants a Judge to make a ruling on the matter, they'll file a Motion which will result in a hearing (or hearings).

It reads as though the UST is not convinced by the evidence that you presented.

[italiana66]

ok guys we finally heard from the trustee that said he is going foward with the motion to dismiss but that he might reconsider after we send in the answer to his interrogatories that were supposed to be sent by aug 4th....well...we did send everything in and also we had a report from my neurosurgeon explaining my medical condition...my attorney said that he probably didnt read any of it....is it legal for him to go foward without looking at the info????

[tobee43]

Wow, so could this go on for years and years

if a trustee finds something "wong" or turns a no asset case into an asset ...if can go on for your years.

i know someone now..in his 5th year!! and his case is still NOT closed.

the fact that it's been 3 months is somewhat unusal, however, thinking positively....maybe the courts in that area are just back up?

also if the OP has an atty, i would be calling if it were me, to find out what the hold up is or was>

[Fallonedward]

Wow, so could this go on for years and years

yes, unfortunately, you are at their mercy.

[tobee43]

so guys...does anyone know....after you give the trustee all the paperwork he requested how long does he have to make a decision to drop the motion to dismiss??? the 11th of nov will be 3 months...it seems absurd that there is not a timeline here

yes, unfortunately, you are at their mercy.

[italiana66]

so guys...does anyone know....after you give the trustee all the paperwork he requested how long does he have to make a decision to drop the motion to dismiss??? the 11th of nov will be 3 months...it seems absurd that there is not a timeline here

[scorpion35]

was there an ap filed or something???? you did get a trustee report of no distribution??? i'm confused......because apparently the US trustee filing...of their option to dismiss not appropriate is not something everyone gets..

scorpion....can you start another thread just alone on this so someone who got it before knows exactly what it means...because i don't want to guess...which i do have some thoughts about it...however, someone that rec'd this will know better than i...please

yes i got a trustee report of no distribution
no AP filed thank god
i am just curious

[tobee43]

" US Trustee filed their motion to dismiss not appropriate" is this something everyone gets ?

was there an ap filed or something???? you did get a trustee report of no distribution??? i'm confused......because apparently the US trustee filing...of their option to dismiss not appropriate is not something everyone gets..

scorpion....can you start another thread just alone on this so someone who got it before knows exactly what it means...because i don't want to guess...which i do have some thoughts about it...however, someone that rec'd this will know better than i...please

[scorpion35]

" US Trustee filed their motion to dismiss not appropriate" is this something everyone gets ?

[tobee43]

Thanks for sharing as we are in a similar situation. We received severance payout in April and now in November when we file the severance will have dropped off our six month look back and one will just see my income and the hubby's UI. I am hoping we will be ok as well.

perfect fallon....we had to wait almost 2 years to be able to answer "NO" to some of the questions on the petition...many times is simply WISE to put distance (or time) between you as much as you can before filing...you are being smart!!

[Fallonedward]

Thanks for sharing as we are in a similar situation. We received severance payout in April and now in November when we file the severance will have dropped off our six month look back and one will just see my income and the hubby's UI. I am hoping we will be ok as well.

I was above the median based on the last six months and was labeled presumption of abuse- But based on my current income even though I got a big severance check, the US Attorney dismissed my presumption of abuse label based on my income... ... I was so worried, buy my case will be at the 60 day mark on Friday, and I am waiting for discharge... ( Still a little worried but I believe I will be fine as the US Trustee filed their motion to dismiss not appropriate 3 weeks ago )

[lunasgal]

I was above the median based on the last six months and was labeled presumption of abuse- But based on my current income even though I got a big severance check, the US Attorney dismissed my presumption of abuse label based on my income... ... I was so worried, buy my case will be at the 60 day mark on Friday, and I am waiting for discharge... ( Still a little worried but I believe I will be fine as the US Trustee filed their motion to dismiss not appropriate 3 weeks ago )

[justbroke]

I have receipts for everything and my medical is thru the roof with a type 1 diabetic kid

You have a legitimate reason to have higher expenses and even to "rebut" the presumption of abuse! Medical reasons are one of only a few reasons where the UST will back off, provided that the documentation supports the expense.

I see no issues.

[tobee43]

so does every over median chapter 7 filer get this type of grilling. Crap I think I will have a heart attack if this happens to us...We are only over median because of the UI...dang so much to worry about

no...it does not...things happen and it's not as usual as one may think...sometimes there are red flags that just go up....however, usually it because of assets or something that is questionable. don't worry over this...it will fine with you.