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

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

Posted

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.

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Posted

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.

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Posted

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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

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.

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Posted

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

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