Does anyone know the internal review process of the Trustees? Does the US Trustee not look at your case until just before discharge? Does that US trustee look at all cases? Someone posted on a thread a while back indicating all cases need to have a hearing (that doesn't require the debtor) prior to granting a discharge? If that's the case, and it happens just prior to discharge being granted, could that explain why you don't hear about U.S. trustee objections until basically the last day?
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I don't know whether the U.S. Trustee looks at all the cases; I can't imagine she/he has the time to review ALL of them. I would think certain cases could be flagged by the BK trustee for different reasons and she would look at them but overall unless you have a high income, questionable expenses or a lot of assets there would be no reason to review your case. Ours was reviewed by her but it was because we had an expense that was over their acceptable limit and we were initially unable to provide all of the paperwork she requested prior to our 341. With the barrage of filings I really can't fathom the trustees having the time to check out every case. -
I think how they do it under old and current law is they pretty much go 1st by the median income test, then if you are higher then the median income, they see if your expenses are in line with the IRS standards. If they are then as long as no fraud, lying, cheating, etc. exists it should be ok.
The US Trustee program were pretty big advocates for the IRS based test so as long as this is in line it shouldn't raise any flags. The time it takes probably doesn't matter.Comment
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