Checked the wrong box on the means test ... Presumption Arises

Asked over 1 year ago - College Park, MD

Filed the means test and the wrong box was checked for presumption arises .. got the 341 meeting from the court that also says presumption arises. The form shows through the end there is no disposable income, will this clerical error get my case dismissed? Can I amend the means test>

Attorney answers (5)

  1. Daniel Mark Press

    Pro

    Contributor Level 14

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    Answered . Hopefully anyone who actually looks at it will notice it's a mistake and no motion to dismiss will be filed. But you should amend.

  2. Alan D. Walton

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    Contributor Level 19

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    Answered . Fix the error with an amended means test. If it was an innocent error, the rest of your numbers will support that there is no presumption, so you should be good to go.

  3. Davin Michael Van Eyken

    Contributor Level 4

    2

    Lawyers agree

    Answered . You should amend the form and submit it to the Court as soon as possible. The Trustee and Bankruptcy Judge are bound by The Federal Rules of Bankruptcy Procedure. They may note the mistake, but do not have the discretion to change the form on your behalf.

  4. Diane L Gruber

    Pro

    Contributor Level 18

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    Answered . Time to take this mess to a BK attorney. NOW!

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  5. Robert Michael Fox

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You simply need to file an amended means test and be sure to send a courtesy copy to the trustee.

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