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Bankruptcy

: Arizona Bankruptcy Attorney Blog

When The U.S. Trustee's Office Strikes!

By Joseph McDaniel, Esq.

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Maybe it's because it's monsoon season, and the barometric pressure and humidity are wacky, but we've been getting a lot of phone calls recently from people who have cases that are subject to dismissal by the U.S. Trustee's Office for Substantial Abuse of the Bankruptcy Process.

Now, that makes it sound as though the poor devils are close relatives of John Dillinger, but it's not like that.

It's more like they flunked the means test by five dollars a month.

Or fifty cents.

Either way, they now get to communicate with the lawyer who filed the pleadings to dismiss the case, and try to explain why their case shouldn't be dismissed (not an easy pitch for a non-lawyer to make to a lawyer), or they get to try to convert their case to one under Chapter 13 (with a five-year payment plan), or they get to appear in Court against an experienced lawyer for the U.S. Trustee's Office who goes to Court on these issues several times a week.

Not a lot of fun choices.

Previously I had told my phone guys that I didn't want to talk to people who had already messed up their cases, especially if they had filed without a lawyer, because that's just a bad idea, you know?

I've changed my mind; at this point, my plan is to set 'em up for a quick phone call and see if there's a way that I can easily fix their problems, or send them to an experienced bankruptcy lawyer who is a better fit, if I'm the wrong tool for the job.

But three in one day? What are the odds?

Full post as published by Arizona Bankruptcy Attorney Blog on August 04, 2010 (boomark / email).

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