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    Pacer ? , Certificate of Service

    I am looking at my COS and it has my name, the name of my atty, and my creditors, I guess everybody who gets notice of my case. I am under the means (income has plummeted this year) and on for B9A it shows "The presumption of abuse does not arise."

    However, on my COS a US atty is listed by name as well as a generic notice to the/a UST.

    My cc debt is around 90 and my car loan that I am reaffirming is $6k, but I have a 1st and 2nd mortgage totalling around $515k + around $10k in back property taxes.

    My question is,......on the COS, is it standard procedure to list a US atty and UST whenever any COS goes out for a BK, or is this a special invite?

    I'm trying to look at other cases to find out, but Pacer is slow right now. Also did a search here and couldn't find anything.

    Thanks!

    #2
    So you have 2 Trustees listed? One is the regular trustee and one is a UST trustee?

    I can only offer you my information and that is we just had one trustee listed.

    We had about 90 debt and a car of 8k that we were originally reaffirming. Your other amounts are quite abit higher than ours but I am sure there is someone here that can help or knows more about why there are 2 trustees listed.
    5/29 Filed 7~ 341-on 6/24
    8/27-DISCHARGED
    11/2 - CLOSED
    EQ-604 EX-605 TU-560 ~4.5 months after discharge

    Comment


      #3
      All Bk's are sent to the US Trustee, they audit the Means test. That is standard procedure, nothing to worry about............unless there were serious mistakes in your filing.

      Good Luck
      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

      Comment


        #4
        We had both trustees listed also.

        Merely a formality ... No Worries !!

        The US Trustee was not there and really only shows up when there are several properties owned by the bk filer or other Assets that need to be investigated further.

        The wife and I just had our 341 on Tuesday and we have over 190k unsecured debt.
        Still no US Trustee in the room !!

        Good Luck ...

        Comment


          #5
          You say that you're below the presumption of abuse threshold on the means test. The more important question is... are you above or below the median income for your state (current income, not means test CMI)? If you are above the median, it is more likely the UST will take a closer look. If it is below, the UST is just doing exactly what BKParalegal says... reviewing the means test.

          No worries, but if you're concerned just keep an eye on any flags that appear on the "Summary" page. If the UST disagrees with your means test, you would see a "MEANSYES" flag or a "707(b)" flag (or both). If you do, come back right away.

          Comment


            #6
            Thanks all.

            Help!, I am below the median, so probably just checking out my test. Maybe my vehicle expense brought some attn: http://www.bkforum.com/showpost.php?...7&postcount=11

            Also, I am living rent fee w/ my GF, but w/ my car payment, car expenses, cell phone, taxes, property tax on car, food, clothing, dry cleanning etc, I am still under the $100 in disposable as I am only around $15k YTD this year (as of filing for Jan-June).

            On the day we filed, I went through all this and everything else w/ my atty again and he thought everything was ok....even though some of it was somewhat at odds with the prevailing wisdom on this board. At some point I have figured I have just had to put my trust w/ the professional. He does a lot of BKs, and only BKs and seems very knowledgable.

            With that being said, I went back through Pacer and looked at around 20 other cases and only a few had a notice sent to the UST and a few to a US Atty, but none to both besides mine.

            I'm driving myself nuts w/ all this (and my GF), so at some point I am going to have to just let go and see what happens at the 341.

            Thanks,

            MG

            Comment

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