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341 relief, then AUDITED!!!

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    341 relief, then AUDITED!!!

    Had my 341 meeting, all went smooth. Was in the seat just over 5 min. Big sigh of relief. Then today I get a call from my lawyer.. I’ve been randomly selected to be audited by the US Trustees office... great. Just as that sigh of relief came from the 341.. BOOM something else to worry me. This is so frustrating. I’ve done everything correct, all the paperwork quick and on time. Paid my fees, now this... I had to submit a retirement plan description which I got today which was a pain.. then MORE bank statements .. over 6 months worth.. also from my savings that has $0 in it. Anyone else every been audited before by the US trustee and can offer some words of encouragement!??

    #2
    You were randomly selected that means you did NOTHING WRONG. It's random and they will audit. I am assuming you did everything right, everything was fine at the 341, therefore they can audit and say "hey this one is good, no problems." I have not been through this. I totally understand it's stressful, but you made it this far and this sounds like a technicality. Just like if I got audited by my state license board (for my job there are random audits) I would have to supply info, but I know I do what I am required to do so it will be fine.

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      #3
      carmella13 is right..just relax..it's just a formality...it sounds like everything was presented correctly. They are just doing a random audit..nothing to upset yourself about.
      Filed Chapter 13 - 07/20/12
      Discharged 8/2/16

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        #4
        You guys are right, I’m just always freaking out lol. I got on it and sent them all the info same day.. talked to my lawyers paralegal and she said the same thing. Nothing I did, just happens. Thanks guys

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          #5
          You're welcome.now enjoy your weekend
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16

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            #6
            Letter in the mail today that my trustee wants to dismiss my case unless she ups my payments from $860/mo to $1162/mo .... ahhhhhhhb can anything else go wrong here.. Jesus. Confirmation hearing is set for next month .. this is nail biting and one thing after another! I keep hearing “ they want you to succeed “ in your plan, it sure doesn’t seem that way

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              #7
              What was the reason the Trustee requests to increase your payment? Didn't you state earlier you were in a 100% plan, thats a $300 difference in calculations

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                #8
                I have the same question...there had to be a reason for why the amount was increased. If the letter didn't say, I'ld be calling my attorney for an explanation. Sorry you're running into these issues.
                Filed Chapter 13 - 07/20/12
                Discharged 8/2/16

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                  #9
                  She has a “ good faith “ objection .. basically she thinks I’m lying about what I make and bring in income wise. Even with 6mo of bank statements, pay stubs, retirement statements, from both me and my wife which whom isn’t even filing. Not sure where she thinks this magical money is coming from but I wish she’d share cause my $34 dollars till payday in 2 days would love to know...

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                    #10
                    Talk to your attorney. Is this the audit or a response to the 341? After our 341 we got a letter from the trustee saying she wanted more money, ours was already 100%. She said we did something in bad faith if I remember correctly which really bothered me because yes, we made a mistake, but it was totally unintentional and neither us or the attorney caught it. The attorney wasn't worried since we were at 100% he just said, "the trustee will always ask for more." He dealt with it and we did not have to pay more.

                    I hope your attorney can explain what to expect whether it's justifiable to make your payment larger or not.

                    Hang in there.

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                      #11
                      Originally posted by carmella13 View Post
                      Talk to your attorney. Is this the audit or a response to the 341? After our 341 we got a letter from the trustee saying she wanted more money, ours was already 100%. She said we did something in bad faith if I remember correctly which really bothered me because yes, we made a mistake, but it was totally unintentional and neither us or the attorney caught it. The attorney wasn't worried since we were at 100% he just said, "the trustee will always ask for more." He dealt with it and we did not have to pay more.

                      I hope your attorney can explain what to expect whether it's justifiable to make your payment larger or not.

                      Hang in there.
                      Thank you Carmella .. sounds Iike my exact situation. What you said makes me feel a little better then. I think this is in response to the audit since the US trustee wanted more bank statements and some from the savings account I forgot I had that hasn’t had money in it since 2015. We opened that account back then to put money aside for our wedding. We used it for that and never touched it again. Prob what this is all about .. I sent statements for that account last week. Hopefully my lawyer just takes care of it.

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                        #12
                        JP33 I'm sorry you are going through all this. I think with certain trustees they see dollar signs. The more you pay, the more they make. And I'm in the same boat with my spouse not filing with me. But we also have a son with his own expenses and my spouse carries a ton of debt himself. He's in the middle of clearance adjudication which is the only reason he didn't file with me. But definitely talk to your attorney. I email my attorney to the point of obnoxiousness when something makes me uneasy. That's what they're getting paid for. And they get another chunk of money if you're successful in your plan. No one wins if you fail so let your attorney earn that hefty retainer he/she collected. All you can really do is the possible and you can't find magical money unless you're hiding a leprechaun somewhere that poops out gold coins.

                        Keep us posted!

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                          #13
                          This is what you pay your Chapter 13 attorney to deal with; getting your Chapter 13 plan confirmed. Many Chapter 13 plans are confirmed over the objection of the Chapter 13 Acting Trustee. I had similar issues in my Chapter 13 where I had grossed-up income which made it look like I made about 30% more than I earned. That took some time to fix the issue, but it was done and my plan was confirmed.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13, discharged 5/10)
                          Chapter 13 Filed (Pro Se) 5/14 (discharged 8/19)

                          Visit My BKForum Blog: justbroke's Blog

                          I am not an attorney. Any advice provided is not legal advice.

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                            #14
                            Originally posted by justbroke View Post
                            This is what you pay your Chapter 13 attorney to deal with; getting your Chapter 13 plan confirmed. Many Chapter 13 plans are confirmed over the objection of the Chapter 13 Acting Trustee. I had similar issues in my Chapter 13 where I had grossed-up income which made it look like I made about 30% more than I earned. That took some time to fix the issue, but it was done and my plan was confirmed.
                            thank you, I called my lawyer and they said they were handling everything and if I need to provide any documentation they would call and otherwise not to worry about. Phew.

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