Central District Consumer Bankruptcy Attorney's Association

There are two trustees to worry about. The chapter 7 trustee and the United States Trustee. It sounds like you are referring only to the chapter 7 trustee. I have not seen a single motion to dismiss a case for abuse from a chapter 7 trustee. Motions to dismiss for abuse come from the United States Trustee. Which trustee are you speaking about when you say the "trustee agrees"?
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The Presumed Abuse Notice gives creditors the opportunity to object, but
it is unlikely any creditor will engage. It does not necessarily put up
a roadblock to discharge, and you need not act on it.

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My client does not pass the means test but has special circumstances that would qualify her for a chapter 7. I've already sent the trustee the documentation regarding the special circumstances and it appears that the trustee agrees that the special circumstances are valid and she does qualify for a chapter 7. However, I just received the "Clerk's Notice of Presumed Abuse." Is there anything more that I need to do at this point? I apologize for my naivete. This is the first time I'm dealing with this and I'm not sure where to look for guidance.
Thanks in advance!
Sujin Kim
My client does not pass the means test but has special circumstances that would qualify her for a chapter 7. I've already sent the trustee the documentation regarding the special circumstances and it appears that the trustee agrees that the special circumstances are valid and she does qualify for a chapter 7. However, I just received the "Clerk's Notice of Presumed Abuse." Is there anything more that I need to do at this point? I apologize for my naivete. This is the first time I'm dealing with this and I'm not sure where to look for guidance.Thanks in advance!Sujin Kim

The post was migrated from Yahoo.