Now What????

[KAM465]

Three days after 341 Meeting and I just checked on Pacer and found this, what should I expect to happen now?

"The United States Trustee has reviewed all materials filed by the debtor and has determined
that the debtor’s case is presumed to be an abuse under 11 U.S.C. §707(b)"

[AngelinaCatHub]

It means that you may make more money than a 7 needs. This happens when the numbers don't jibe or you are to far over the means test. It is not panic time, as your lawyer will see it and it does not mean you did anything bad. Probably left off some bills and are out of balance a bit. 'Hub

[AngelinaCatHub]

OK, I just went to read that chapter 707(b) and it is plain as mud. My head spun and the best I could make out of it is, you will have to get the exact complaint the U.S.T. has against you as that section mentions everything but breathing is considered abuse. He could pick anything. Hold off till your lawyer finds out his problem, then fix it after that. It is a common happening and most survive it. Do a search on the "abuse". 'Hub

[KAM465]

Thanks Hub, I guess we just wait for attorney to contact me. Just had concern since the USTT filed the POA so soon after hearing considering so close to the holidays.

[OhioFiler]

The US Trustee would file a motion detailing the reasons behind the presumption of abuse. It should be on Pacer. You should know ahead of time if your means test was the trigger. Were you over median income?

[KAM465]

The US Trustee would file a motion detailing the reasons behind the presumption of abuse. It should be on Pacer. You should know ahead of time if your means test was the trigger. Were you over median income?

Yes, I was over median income. I was curious if this is something that will most likely lead to the USTT filing a motion to dismiss or convert to Chapter 13, or if is more of a procedural thing do to the fact I was over the median income

[NoMoreCards]

Based on this thread----> http://www.bkforum.com/showthread.ph...ling-Chapter-7
I would highly suspect this is why the USTT filed the POA. Hopefully it gets cleared up and you will be good to go.

[KAM465]

Based on this thread----> http://www.bkforum.com/showthread.ph...ling-Chapter-7
I would highly suspect this is why the USTT filed the POA. Hopefully it gets cleared up and you will be good to go.

@NoMoreCards
I am not sure this is the case, bonus pay was never brought up the Panel trustee did not even ask for my most recent pay stub which would not have included the pay. Actually they bonuses were not distributed until a week after my 341 Meeting.

The more I think about it, I feel may be because of the holidays and the fact that I am over the median income the USTT filed the POA to give him/herself time to review my paperwork and not have to rush because of the holidays. Just one of my thoughts, I hope it is the case and all will play out the way we (me and attorney) discussed.

[NoMoreCards]

I was thinking the 401k issue that was discussed in that thread. Either way, I hope it all goes well for you.

[KAM465]

Could be the 401K, guess it is wait and see for the next few days

[ValleYum]

There wasn't a document on Pacer hyperlinked to the line where it stated about UST's Presumption of Abuse?

[KAM465]

There wasn't a document on Pacer hyperlinked to the line where it stated about UST's Presumption of Abuse?

No link, just the statement "The United States Trustee has reviewed all materials filed by the debtor and has determined
that the debtor’s case is presumed to be an abuse under 11 U.S.C. §707(b)" and USTT electronic signature and information.

[AngelinaCat]

The link may come later if there is anything to it. Sometimes a court paper will be filed that is just an internal process of some sort, and no link ever comes. Here's hoping that everything goes well for you.

[ValleYum]

Very true, Miss AC. Ithink I was hoping there was for the OP's sake.... so he would "know something"

I am so sorry, KAM.

[KAM465]

Thanks AC and Valle, I am certain I will know something sooner rather than later.