Chapter 7 question

[rockobuster]

What is the name of your state? OR

We had our 341 meeting 3 weeks ago, and our Trustee had noted at the meeting that he was recommending $900 in disposable income (which it was obvious he was trying to apply some of the new laws already). As of yet he has not filed anything with the courts, nor have we heard from the US Trustee.

If the US Trustee agrees with his amount of disposable income, then would he/she file for a dismisal, which would then convert us to a chapter 13? Is there anything that our lawyer can do with the US Trustee that would keep us in a chapter 7, and not make us convert to a 13?

 

[Ladynred]

IF the Trustee does file for dismissal based on 707(b) (substantial abuse from too much disposable income), you can contest his motion and you may get a hearing in front of the bankruptcy judge, then you could make your arguments. If the dismissal goes thru, then you would have the chance to convert to a Ch 13.

 

[rockobuster]

What kind of arguments can you make to win your case when you see the bankruptcy judge? It seems that even if we were to get the amount from $900 down to $400, wouldn't that still be enough disposable income to justify having to be in a chapter 13? How low would it normally be considered ok to stay in chapter 7? When we had our 341 meeting it showed that we had $200 disposable income.

Are there any other type of arguments that our attorney can argue to win our case?

We have $120,000 in non-secured debts, and we are reaffirming the secured debts.