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US Trustee Presumption of Abuse

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    #31
    olivies, not sure if you were asking me this question or the other POA person on this forum..

    My attorney says to wait and see if they actually file a motion to dismiss or convert and we'll go from there. I'm hoping they are just buying time and have to calculate expenses, etc. I just checked my schedule of expenses against some that were listed on this forum and also the UST website for some guidelines and mine seem to be within the range. The only thing that may be really high is daycare, I pay $1365 a month for 2 toddlers, but I have every receipt. Gas is also a big expense, my husband drives 120 miles round trip 5 days a week. Our taxes our high in this area too, over $4000 a year, so again, I can go on and on. I am eventually going to post my expenses to get options of high/low, just in case it gets down to an expense battle. I'm not giving up, but I'm getting to the point, it is what it is.

    Why do they keep extending your hearing? I bet you are ready to get this done!!!
    Filed Ch 7: 11/2010 and 03/2011 and closed

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      #32
      Originally posted by justbroke View Post
      I don't have enough space on this site to post it, and the site won't accept an Excel Spreadsheet anyhow. I need to find a place to host it, but I'm just not motivated to look. I have had two computer hard drive crashes in the last week and I've been busy fixing things and restoring from backups... when I found them.
      I was able to post a spreadsheet by compressing it to a .zip file and posting the .zip file.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #33
        We are also over the median, pass the means test, but the UST questioned some of our Schedule J and asked for documents. We are waiting to see if he's going to file a POA or not.

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          #34
          been off of here for a while. sounds like the UST's are stepping up challenges. glad I was discharged and done with it
          Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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            #35
            You may be able to said that the PC Loan is for the children education, as long as you are willing to reaffirm the debt. But it should have not been listed in your Schedule J.

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              #36
              justbroke, did you ever post the spreadsheet?

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                #37
                Originally posted by albacore44 View Post
                been off of here for a while. sounds like the UST's are stepping up challenges. glad I was discharged and done with it
                Yes, it seems like you have to be living off beans and rice to get a discharge.

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                  #38
                  Originally posted by BKIN2010 View Post
                  justbroke, did you ever post the spreadsheet?
                  I would love to see it too!
                  "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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                    #39
                    Originally posted by csonly View Post
                    olivies, not sure if you were asking me this question or the other POA person on this forum..

                    My attorney says to wait and see if they actually file a motion to dismiss or convert and we'll go from there. I'm hoping they are just buying time and have to calculate expenses, etc. I just checked my schedule of expenses against some that were listed on this forum and also the UST website for some guidelines and mine seem to be within the range. The only thing that may be really high is daycare, I pay $1365 a month for 2 toddlers, but I have every receipt. Gas is also a big expense, my husband drives 120 miles round trip 5 days a week. Our taxes our high in this area too, over $4000 a year, so again, I can go on and on. I am eventually going to post my expenses to get options of high/low, just in case it gets down to an expense battle. I'm not giving up, but I'm getting to the point, it is what it is.

                    Why do they keep extending your hearing? I bet you are ready to get this done!!!
                    The first extension was to allow time for info. We provided it. Then on the last day possible she filed for another extension claiming we didn't file new schedule I/Js and provide documentation requested. Everything she requested, we sent. Our attorney has asked her what more she's looking for. He says she's really stuck on our rent. All the other arguments in her written motion to dismiss can be disproved or don't really amount to anything (like a $28 dollar variance in what we claimed and a standard). Of course, that doesn't mean she can't decide to question more than what was in her motion, but she hasn't. Nothing. Nada. We've filed nothing new or sent nothing new- she's requested nothing new. Our attorney has filed a request to set a Bar Date, stating there may be some recoverable assets, just to see what creditors step up and file a claim so that "if" we head to a 13 we know what we would be dealing with. And yeah, I just want it done one way or the other. We'll get thru,whatever happens.
                    Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

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                      #40
                      No, I wasn't. I don't have enough space and I don't want to delete other files I have on here referenced in my blog.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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