Bankruptcy Law/United States Trustee Motion to Dismiss
When I orignally list my household expensed they included payments to credit card companies of $1500. With this my available income came to 41.30. My Attorney discouraged me from including more expenses or claiming more for different expenses because the court would look askance at an unreasonable or negative income. Now the United States Trustee is saying since I no longer have the 1500 credit card debt, my income with adjustments comes to $962 and the Trustee wants to dismiss the chapter 7 because he say I could make payments on the debt. He is wanting to take all of the 962 to pay on the credit card debt which totals $72,000, over 36 moths $34,632 (48%) or over 60 months at $57,720 (80%). I have 401K deduction of $300 that will kick in next month and I was wondering if I could object to the dismissal on the basis of the neccessity to prepare for retirement. I am 50 years old and also on the basis of unexpected expenses. For instance this month I had to pay over $250 for glasses after my vision plan and need a new set of tires for around $500. If all my net income was taken I couldn't have afford these necessary things for my ability to drive to work. Also I have a rental propery and codo which they don't want because there is not sufficient equity. Can I revise to include the expenses of the Apatment (which is now unrented)? Is there any other ways to object? My attorney says the request is reasonable and does not seem to want to file an objection. The trustee sent the filing during the busiest time for mail dec 21 and I was out of state for Christmas and my attorney didn't mention the filing till today and the 21 day period for objection ends tomorrow. Am I better off filing this objection my elf or filing for an extension? Can I do both? Also I have a one thirs interest with my sister of another home and they do not want to buy my portion. This matter has not been resolved yet. Could I file an objection on the basis that dismissal is premature seeing as this matter has not been settled.
If you call me right away, there will still be time to file some of the objections that you suggest (and in this case, to amend some of the schedules and the plan, if necessary). If you call me today, you will be able to file your paperwork to defeat the trustee's objections by the deadline tomorrow.
Hello Joseph: I just received your question - Unfortunately, neither myself or anyone else can give you any good advice about this without actually looking up your case file. If you call me now, I can look it up on my computer and we can then discuss your present options in more detail. I will not charge you to look up your case or to talk on the phone. You can call me at this number: 915 261-3893
Jack Hall, J.D.