Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

We recently had a chapter 7 court hearing. we just received…

Customer Question
we recently had a chapter...
we recently had a chapter 7 court hearing.
we just received a letter stating that the trustee determined it was abuse under section 707b.
what does that mean and what are our options?
Submitted: 3 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
6/5/2015
Lawyer: CalAttorney2, Attorney replied 3 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,245
Experience: Civil litigation attorney for individuals and businesses.
Verified
You need to hire an attorney right away.While the Trustee's "determination" is not binding on the court, it is important to take this seriously, and you will want counsel to represent you in this hearing. The faster you get a bankruptcy attorney to represent you the more time they will have to prepare your defense to this motion.An "abusive" filing under 707(b) is one in which your income exceeds the current "means test" - usually it means you should be in a Chapt. 13 instead of a Chapt. 7.But I wouldn't just go and switch chapters - get an attorney and get some help.You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Can I dismiss my bankruptcy case before 2004 ruling?
Can I dismiss my bankruptcy case before 2004 ruling? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
My Trustee wants me to pay up for a direct deposit of state
My Trustee wants me to pay up for a direct deposit of state tax refund post bankruptcy. Can the Trustee ask for this refund even if i claimed my disabled son on our taxes and I spent it on rent, food … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
I'm a 100% Combat disabled military Veteran- I have some old
I'm a 100% Combat disabled military Veteran- I have some old judgments against me from around 2010. I don't have the funds to pay off these judgments. what is my best course of action to take care of … read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
My husband and I filed a chapter 7 in July 2001. We unfortunately
My husband and I filed a chapter 7 in July 2001. We unfortunately had to file a chapter 13 in July 2008. Just in the past six months we have had two motor vehicle losses and would now like to convert … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
Today at our meeting of the Creditors for our Chapter 7 Bankruptcy,
Today at our meeting of the Creditors for our Chapter 7 Bankruptcy, A trustee showed up and questioned an expense listed on our schedule J regarding my son's housing at college. He said "I need author… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
This pertains to an alleged debt matter and an overly aggressive
This pertains to an alleged debt matter and an overly aggressive collection agency. (J.A. Cambece Law Office, P.C./8 Bourbon Street/Peabody MA. Last June a Stephen Rafael called her at work (the IRS S… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
we just received a large check from the government, were not
we just received a large check from the government, we're not sure, but we think because the notation on the check reads "Soc Sec for Ins" we believe it's for my wife's disability. We're in the midst … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
One of our clients of our business filed bankruptcy. For two
One of our clients of our business filed bankruptcy. For two years we have been waiting for some sort of distribution from the company that filed towards what they owe us. Now, the US trustee has requ… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
I recently file chapter 7 bankruptcy in Trenton, NJ. I noticed
I recently file chapter 7 bankruptcy in Trenton, NJ. I noticed I made some errors and want to amend the paperwork prior to my hearing on March 5th. Can this be done and how so? Do I need to refile and… read more
Maverick
Maverick
Doctoral Degree
6,342 satisfied customers
I am in the process of filing for chapter 13 to keep my home.
I am in the process of filing for chapter 13 to keep my home. I have tried working with my mortgage company but they are not willing to lower my interest rates or refinance. They tell me that I dont q… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
Indiana The bankruptcy process has been started and bankruptcy
Indiana: The bankruptcy process has been started and bankruptcy has been filed by a lawyer. Apparently, the only thing left to do is appear at a hearing before the trustee in 1-2 months. Is there any … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Im considering filing bankruptcy for over $116,000 credit
I'm considering filing bankruptcy for over $116,000 credit card debt my husband has left me with. I want to accompllish this asap rather than drag it on and on, BUT I have an 05 Honda worth about $9,5… read more
Jonathan Leventhal
Jonathan Leventhal
Attorney at Law
Doctoral Degree
248 satisfied customers
We sued our ex son-in-law,received a judgement because he signed
We sued our ex son-in-law,received a judgement because he signed a promisory note. He filed chapter 13 againest us, which he signed a paper stating he would pay us 100% then he stopped paying. He is n… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
WE LIVE IN AZ, AND OUR HOME IS IN FORCLOSURE.we had to file ...
WE LIVE IN AZ, AND OUR HOME IS IN FORCLOSURE.we had to file a chapter 7 bankrupcy to stop the trustee sale. if we came to a new agreement with the lender before we filed the chap. 7 does the lender ha… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
If The court has granted a stay of relief on my house while ...
If The court has granted a stay of relief on my house while I am in chapter 7 and it turns out I not do not qualify for 7 and decide to file 13 will the filing of 13 stop the sale of my house. It appe… read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 satisfied customers
I am having financial difficulty. Can you possibly File ...
I am having financial difficulty. Can you possibly File Bankruptcy with a Chapter 13 where you don't lose your home, but my question is what about your other debts you cannot afford to payback (credit… read more
Michelle
Michelle
Paralegal
Associate Degree
112 satisfied customers
what does the phrase "delay preducial to creditors mean"
I received a letter from bankruptcy trustee saying that the trustee moves that an order be entered by the court dismissing this case due to this reason. She requested daycare expenses that I submitted… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
how do i speak to a live advisor at the credit bureau
I have a default judgement for $180,000 which is ridculous! I want to know can my investment property be taken away if the judgement is in my wifes name and not my name.… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x