" US Trustee filed their motion to dismiss not appropriate"

[justbroke]

IS this something everyone gets?

Everyone wishes that they get one of these! You should be happy that the UST has decided that the motion to dismiss, for presumption of abuse, is inappropriate in your case.

[researchnerd]

This is a good thing!!!

The US Trustee gets involved in cases where your income is over median, and sometimes randomly on other cases. It is their job to decide whether your Ch7 is an abuse of the system, and if so, to dismiss your Ch7 and force you into a Ch13 instead.

When the UST issues a statement that a motion to dismiss is not appropriate, it means they have evaluated your case and find no reason you can't go forward with the Ch7. If you read the document, it will specifically state any circumstances surrounding their finding -- ours referred to a specific local precedent that allowed us to use our mortgage payment on the means test even though we are surrendering the house. Unless you have any creditor objections, you should be good for discharge after your bar date.

[tobee43]

double post!! yikes what's up with the site this morning????

[tobee43]

and that's why i'm so confused....what does this mean because it's coming for the US trustee and not the state trustee who already issued a no asset distribution ......so now why is the US trustee saying anything??

anyone know exactly why that would happen??

[SunshineGal]

Maybe it's standard since you're over the median? The trustee was quick to report no distribution.

[scorpion35]

IS this something everyone gets?
If no. who gets it?
under what circumstances?