Second Chapter 7 Will UST call it abuse?

[joseph310]

We are going to file chapter 7 again after 8 1/2 years. I know time limit is alright but do any of the experts here think the UST would consider it abuse? We are well below means and DI is $102.00. Our attorney just said that you never know since its only been 8 1/2 years.
Thanks, Joseph

[21bwife]

There was a lady at my 341 who was worried while we were waiting. She was calle before me and the trustee said nothing. It had been 8 years since she filed as well.

[Nicollette]

I work with a lady that said her sister has filed 3 Ch 7's. The sister seems to think the Trustee isn't aware of all her filings, but I do know that my coworker told me the Trustee wasn't too happy at the sister's 341 meeting? Not sure if it was the fact of all the previous filings, or other things that were going on with her case?

[clevelandmom]

From everything I have read on this forum and other places, it doesn't seem to me that "filing Chapter 7 multiple times" is an appropriate reason for "abuse" under the new bankruptcy laws. I thought abuse was if you tried to file another Ch. 7 WITHIN the 8 previous years, or you were over the means test, or you have too much disposable income, or if the "totality of circumstances" shows that you are are being abusive - such as you own 13 rental properties and live in a multi-million dollar mansion with 5 nannies, a butler, 4 chefs and your very own swim-up bar?? (pipe-in here follow posters if I am wrong). Sure the Trustee may say something to you at your 341 about "why are you here again?" or something along those lines, but I honestly don't think they could throw out your case simply because of that. Sh*t happens, and often more than once. I'm sorry you have to go through this again.

[pavlikclan]

I hope that's not the case. If they look at me and ask me why I am there again I will just say I don't know anyone who could take a 45k pay cut and NOT have major problems. I tried to see it through I liquidated basically everything I could and guess what I am still trying to live on 45k less than I was 2 years ago. It simply does not WORK!

[tcreegan]

Hi pav,

After the 8 year mark another Bk is perfectly legal...as long as there is no fraud involved...not a reason for dismissal.

We have filed twice, about 9 yrs apart, and get this....had the same trustee for both. He didn't recognize us, but we mentioned it during introductions, got a good chuckle out of it.

Pretty sure the BK courts see a fair number of repeat customers. Think of the timing, you are recovering from your 1st BK, gaining ground, and then you hit the great recession, hang on as long as you can, but the downward spiral eventually bottoms out. File BK again.

You

[pavlikclan]

We lived in Ne last time we filed so won't have the same trustee. The one we had there was very nice though. I just worry they are going to look at us and say you don't have enough debt and laugh us out of court. Other than our mortgage we don't have a ton of debt because we had done the bk thing before. Rough estimate 20k in debt including medical bills, cc's ooooo maybe a bit more than that now because of hubby's legal thing which won't go on the bk anyway. What we do have is a lot of expenses House and mortgage is manageable without the other debt. Think I will scrap the directv in the bk it is 100 bucks a month we don't need to spend, idk what to do about cell phones living in BFE we have ONE carrier that covers well here verizon who rapes us every month, and hubby drives 70 miles a day roundtrip. We kill cable and we have no television at all because all of our tv's are the old tubestyle. Oh well lol. Back to basics again *sigh*