Any experieces regrading income/debt triggers?

[Lajazz947]

Is there any income or debt level that might trigger a UST to show up at a 341?

i.e. a certain percent over median, certain debt levels?

[laurannm]

Many people on here have mentioned $100k+ in unsecured debt as being a potential trigger. However, we are discharging $140+ in debt and UST did not show up for our 341, and they have yet to contact us for any extra documentation.

It may vary from district to district as to what the triggers are. I am also beginning to think that perhaps that since there such a surge in BK filings, that perhaps the USTs are overloaded and thus some of those triggers are a little higher these days (i.e. maybe they only look at cases with say $150k in unsecured debt). Just a theory though...

[Lajazz947]

Thanks, we have about $200,000 in unsecured debt.

No CC use or cash advances for nearly a year in most cases and certainly none in the past 8 months.

Way over median income but after expenses my attorney says we will try for a chapter 7. I don't see how but he's the expert with 25 years in the biz so I will take his lead.

[HHM]

There are no "official" triggers. But the UST coming to the 341 doesn't really matter; they can accomplish whatever they need to without attending.

If you are "way over" the median, the UST will almost certainly get involved regardless of your expenses. And yes, $100K in unsecured debt does seem to be the line where the UST will look at a case regardless of income.

[laurannm]

That is a good point, more often than not if the UST is interested in your case, all they really want/need is additional documentation to support whatever figures they are questioning.


Whatever the theoretical trigger is, seems like in most areas if they are interested in your case, you'll probably know about it before the 341