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Anyone receive Presumption of Abuse and still get discharged?

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    Anyone receive Presumption of Abuse and still get discharged?

    If so, what were the circumstances?

    I received the dreaded POA letter from the trustee. My lawyer (legal assistant) said they just need to see some changes in the numbers (whatever that means). I believe the problem is the fact I started to make a decent living again a few months prior to filing, where I made little to nothing for the two years prior. My lawyer said it wouldn't be enough income w/in the 6 month look back to be a concern. Of course I believe it is the biggest problem with the trustee.

    #2
    Hi AKA,

    Bummer on the POA...these tend to quickly become PITA....

    I would trust your attorney, they have seen this fight before, should have good odds on the outcome. Cooperate w/ the UST, get them whatever they ask for, be honest, don't offer any info unless directly asked.

    Hang in there, this bird just might sail yet...!!

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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      #3
      ...forgot to answer your first question: lots of folks aournd here have had the "presemption arises" on the means test but Sch I & J didn't have enough DMI to fund a Ch 13 plan.

      seems to be a semi-regular occurrence around here.
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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