341 meeting Middle district of Fl went bad.

[pamkev]

There are special circumstances with our friend. He does pay child support for his 21 yr old son , for past 17 yrs his pay has been garnished 15% to pay back for when he did not pay. He takes care of his elderly mother who lives with him. That is a lot for a 40 yr old man. His x wife also gets every tax refund he is due each year. So when he happen to win 10K, by chance, we agreed to cash his ticket. He only makes 11.00 hr and hardly gets by. We helped him buy a 200.00 car, which he drives to work.
If not He would not have a job.

Why is he still paying if the son is 21 it ends at 18 or when they graduated from high school

[Floridagail]

Its 3yrs back child support from when the boy born. He will never get it paid for , unless he wins lottery big time. He would like to settle with her but she refuses to .

[Floridagail]

Is this good news? ,

Meeting of Creditors Held and Concluded on 3/14/2013. Chapter 7 Trustee's Report of No Distribution:

I, xxxxxxxx having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009,

I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months.

Assets Abandoned (without deducting any secured claims): $ 206450.00, Assets Exempt: $ 47885.00, Claims Scheduled: $ 311140.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 311140.00.

Debtor appeared. (xxxxxxxxx) (Entered: 03/15/2013).

Husband is so excited this may be heading toward discharge.

[TRfromillino]

Good news!

[Floridagail]

Now we pray the US trustee doesnt do anything.

[AngelinaCat]

Hi FLGail, Hubby is well on his way. Congratulations!

And I made a few editorial changes to make the run-on post a little easier to read.

[Floridagail]

Thanks

[pamkev]

Yes good news indeed. Sorry that your friends wife won't settle with him.

[tobee43]

the trustee is asking for the discharge, this is excellent news! once the discharge is accepted by the judge, then the judge closes the case!

[Floridagail]

So I checked pacer today, Friday the Us Trustee objected to the case, I am trying to figure this out. His attorney has not told us
anything.

Having considered these materials in reference to the criteria set forth in 11 U.S.C. Sec. 707(b)(2)(A), and, pursuant to 11 U.S.C. Sec. 704(b)(2), the United States Trustee has determined that1) the debtor's(s') case should be presumed to be an abuse under section 707(b); and (2) the product of the debtor's current monthly income, multiplied by 12, is not less than the requirements specified in section 704(b)(2)(A) or (B). As required by 11 U.S.C. Sec. 704(b)(2) the United States Trustee shall, not later than 30 days after the date of this Statement's filing, either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States Trustee does not consider such a motion to be appropriate. Debtor(s) may rebut the presumption of abuse only if special circumstances can be demonstrated as set forth in 11 U.S.C. Sec. 707(b)(2)(B).

[LadyInTheRed]

Having considered these materials in reference to the criteria set forth in 11 U.S.C. Sec. 707(b)(2)(A), and, pursuant to 11 U.S.C. Sec. 704(b)(2), the United States Trustee has determined that1) the debtor's(s') case should be presumed to be an abuse under section 707(b); and (2) the product of the debtor's current monthly income, multiplied by 12, is not less than the requirements specified in section 704(b)(2)(A) or (B). As required by 11 U.S.C. Sec. 704(b)(2) the United States Trustee shall, not later than 30 days after the date of this Statement's filing, either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States Trustee does not consider such a motion to be appropriate. Debtor(s) may rebut the presumption of abuse only if special circumstances can be demonstrated as set forth in 11 U.S.C. Sec. 707(b)(2)(B).

The trustee is saying there is a presumption of abuse, meaning your husband doesn't pass the means test. She is probably going to argue that some of his expenses listed on the means test are not reasonable and necessary.

[Floridagail]

So the trustee report no assets closing out the case, was premature. We will see what the attorney says.

[LadyInTheRed]

So the trustee report no assets closing out the case, was premature. We will see what the attorney says.

That was the Panel Trustee saying that there are no assets to distribute so his/her job is done. It didn't mean the case was being closed or that your husband was eligible for discharge, only that the administration of the assets of the estate was complete. It is the US Trustee that objects to discharge under Chap 7. Two separate things.

[Floridagail]

I see, Thanks, We will see what happens.

[tobee43]

ahhhhhhhh....so close!!! i'm sure it will all get straighten out.