U.S. Trustee

[2US]

Does the U.S. trustee review every case prior to discharge? It would seem almost impossible to review each case? Does anyone know how this process works? Further, a couple of people indicated that if the U.S trustee is going to file a motion to dismiss, it has been a day or 2 before the last day for objections. Is this normal, or just coincidence that U.S. trustee took so long to object?

[pink_amulet]

We are having our 341 on Monday. I asked my lawyer yesterday questions, about refunds, and exemptions, extra papers...yada yada. Anyways, he said that the trustee has already looked over our case. We filed on Sept 29th. He told us the trustee HAS to view it before the 341 because: 1. to see if we need to bring more paperwork, and 2. so he knows what to ask at the 341. I honest don't know how the trustee will be able to look over EVERY single case thoroughly with a fine tooth comb!!

pink_amulet

[2US]

I think you are referring to the case trustee. The U.S trustee and the case trustee are 2 different peeps.

[pink_amulet]

oh sorry...I am confused....who would go before the US trustee?
Is the case trustee the "worker bee" for the US trustee??

pink_amulet

[serioso]

Specific responsibilities of the United States Trustees include:

Appointing and supervising private trustees 3/ who administer Chapter 7, 12, and 13 bankruptcy estates (and serving as trustees in such cases where private trustees are unable or unwilling to serve);

Taking legal action to enforce the requirements of the Bankruptcy Code and to prevent fraud and abuse;

Referring matters for investigation and criminal prosecution when appropriate;

Ensuring that bankruptcy estates are administered promptly and efficiently, and that professional fees are reasonable;

Appointing and convening creditors' committees in Chapter 11 business reorganization cases;

Reviewing disclosure statements and applications for the retention of professionals; and

Advocating matters relating to the Bankruptcy Code and rules of procedure in court.

Source: http://www.usdoj.gov/ust/about_ustp.htm