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Still gathering paperwork....bwaaahaaaahaaaaa.....

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    #16
    Well, you know Olivies, if you didn't have so many kids, you wouldn't need to file BK. Or at least that's what is sounds like the UST thinks. A UST has no business making any comments, positive or negative, about family size. Jeez.

    I think you're right that she's thinking the judge is going to allow the rent difference and is looking for every single penny she can find to dismiss you otherwise.

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      #17
      Well, I'm not so sure the judge is going to allow the rent difference. I found this opinion http://pacer.flmb.uscourts.gov/pdf-new/37570327.pdf (although it is 4 years old and deals with a 13) from the same judge. Although I'm not sure if the attorney can make the argument that the standards set for a family of 5+ obviously should have limits because a family of 5 can not be expected to have the same expenses as a family of, say 10. Congress has recognized and established adjustments for some standards and calculations, like allowing $xx per person over 4 people or 5 people for certain standards or for income calculation. And if there were no difference in a 5+ person household and an 8 person household, then Congress wouldn't need to make the extra allowance in those areas it does. So it seems reasonable and logical that a difference in housing allowance would be needed because 8 people do have different needs and limits for housing than 5 people (evidenced by the fact that there are HUD guidelines and we were turned away from other rentals because of #persons/bedroom guidelines the HOA or property managers had). But, I'm not the attorney so I have no idea how he's going to tackle this.
      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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        #18
        Keeping everything crossed for you. Sounds like a who blinks first, and I hope it's the trustee! She may wind up earning a penny an hour when all is said and done.
        We recently spoke to an atty who mentioned that tt's are still reeling from the housing bubble bust. What used to be a cakewalk in finding assets has become much harder, requiring lots more work for less compensation and the accompanying frustration....

        Keep On Smilin'

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