US Trustee Presumption of Abuse

[justbroke]

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.

[olivies]

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.

[Freddy03]

justbroke, did you ever post the spreadsheet?

I would love to see it too!

[djd]

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.

[BKIN2010]

justbroke, did you ever post the spreadsheet?

[gatekeeper]

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.

[albacore44]

been off of here for a while. sounds like the UST's are stepping up challenges. glad I was discharged and done with it

[dontburnthep]

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.

[LadyInTheRed]

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.

[csonly]

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!!!

[olivies]

Hang in there OP. We are also battling with our Ch7 and the UST. I try to remind myself that everything always fits neatly on paper- much like it does when you do your own budgeting. But the reality is often a much different picture, unfortunately. What does your attorney suggest for the next course of action?

[justbroke]

I'd love to see that spreadsheet, as well!

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.

[csonly]

We are in the same boat, we did NOT get the motion yet, but I'm sure we will. We did get a statement filed on Pacer yesterday and (from what I can understand) it only questions the income being over median. I'm curious if, in your case, a statement was filed before the motion and if so, was the statement leaning on income and expenses or just income? I hope it all works out for the both of us and I'm sure we will learn more from this forum as we go along. They have been my saving grace over the last few months. My BK has had hiccups from the get go.

[Wantmypeace]

I'd love to see that spreadsheet, as well!

[Dewkitty]

A lot of the cell phone plans now require things like additional data packages, so besides the $10 for an extra line, you've got at least another $15 for a data package. We have two cell phone bills, one is filled with 5 lines (mine, my daughter's, my step-son's, my mother's and an extra basic line at $10/month used for emergencies) and my husband's line is on a separate account. The combined bills are about $310. Our attorney didn't even blink at that, and our paperwork says no presumption of abuse. I guess it just depends on where you live and the guidelines the trustee goes by?