US Trustee Now?

[frobscottle]

Had 341 on 7/8/08. Went well. His report shows no-asset. I was asked no questions about income or expenses. I guess he is pretty much only concerned with property.

Is it the US Trustee that will take a look at sch I & J now?

After what kind of time should I expect to check Pacer to see if he's up to something? Seems like they have lots of time, like up to deadline for objections or beyond.

Anyone know what's the norm for hearing from them?

[epiphany]

Congrats on a successful 341.

If you have already been declared no asset by the trustee, the US trustee is not going to get involved. I don't know when you can expect to see something bur someone will probably come along and answer that.

Now you just have 60 days for the creditors to object but it really sounds like you will have smooth sailing from here on out...

Good Luck to you!

ep

[getouttadebt]

I do not agree with epiphany's statement. We were declared No Asset the day following our 1st 341, but the UST pursued us with a 10-day Statement of Presumed Abuse. So, while the local Chapter 7 Trustee officially declared us No Asset with his report of no distribution, the UST still reviewed our case and eventually had the case dismissed. We did not want to convert to a 13. We decided to file again and just had our 2nd 341 yesterday. If the UST does not file a 10-day Statement of Presumed Abuse this time, then it should be smooth sailing through to discharge. So, I think the thing you should be looking for FROBSCOTTLE is to let a couple of weeks pass after your 341, then check PACER to see if UST has issued anything. Since your 341 was on 7/8, if nothing has been filed by 7/21 then it would be unlikely the UST will pursue anything.

Good luck,
getouttadebt

[HHM]

Correct, being declared no asset and determinnig whether you have disposible income are different things.

Yes, it is the US Trustee that ultimately decides whether a chapter 7 filing is abusive (i.e. meaning you have the ability to pay).

[Help!]

The UST has 10 days from the conclusion of your 341 to determine if the presumption of abuse arises and to file a statement if it does. As long as your 341 was not continued and nothing shows up on PACER you're okay (keep in mind the statement might appear a day or two late if it was filed on time but entered a little later). We actually saw the "MEANSYES" and "707b" flags on PACER before the UST filed the statement in our case, so we knew it was coming.

[frobscottle]

Thanks, All. I'll check Pacer after a couple of weeks and if things turn sour; I'll be back.

[JRScott]

Good Luck

[Priceless ProSe]

At what point do you know who your trustee is? I filed a couple of weeks ago, a couple more till my 341, I only see a UST listed on my case, no other trustee? Am I in for some good times or is this SOP?

[Lajazz947]

If you are above average income but pass the means test without disposable income the UST can STILL file a presumptive abuse objection?

How much easier is the process if you have disposable income and file a 13?

[Help!]

If you are above average income but pass the means test without disposable income the UST can STILL file a presumptive abuse objection?

How much easier is the process if you have disposable income and file a 13?

Yes. Even though your means test math gives you a result that allows you to check the "presumption does not arise" box, the UST can modify your numbers (e.g., hold you to the IRS standards, reduce your tax expense based on your actual income tax liability from your return, etc.) to result in a disposable income that indicates the presumption arises.

[Lajazz947]

I guess we are going back and forth on two threads. Thanks.

The IRS standards and my taxes were all correct. I had very little variance in the numbers but this is good information.

Once you are thrown into a 13 I would imagine that the process is much easier.

[gophermn]

The US Trustee will get involved. I was declared a no assett and they asked for several things:

• Wifes's income
• Wife's debt
• Matrix of her expenses that are not household items
• Copies of her statements via bank, car, student loan
• My 401K and stock program

Again, all this came about 3 weeks after my 341. My attny said it is just their way of filtering through the cases that are fraud vs non-fraud.

My 2 cents, you are under the spotlight from the day you sign papers to the day you get the case closed.

[Lajazz947]

The US Trustee will get involved. I was declared a no assett and they asked for several things:

• Wifes's income
• Wife's debt
• Matrix of her expenses that are not household items
• Copies of her statements via bank, car, student loan
• My 401K and stock program

Again, all this came about 3 weeks after my 341. My attny said it is just their way of filtering through the cases that are fraud vs non-fraud.

My 2 cents, you are under the spotlight from the day you sign papers to the day you get the case closed.

Interesting.

My wife does not work out of the home and has no expenses.

Her only debt is from a divorce 10 years ago where there were judgements issued against her but since she has no income or assets she has basically let them drop off the radar screen.

We just got a letter though from another CA that offered to settle one of the really old debt.

She has nothing in her name. Will this make any difference in any way?

I understand the filtering process though.

Thanks

[Cali]

frobscottle - My 341 was the day after yours, my attorney told me that all I have to do now is just wait. That if the UST had any problems, I would have known before my 341.

[pa308]

Yes. Even though your means test math gives you a result that allows you to check the "presumption does not arise" box, the UST can modify your numbers (e.g., hold you to the IRS standards, reduce your tax expense based on your actual income tax liability from your return, etc.) to result in a disposable income that indicates the presumption arises.

So if someone is under median, and expenses are under IRS standards, I would assume the UST objecting would be minimal if not nonexistent?