Getting Audited....help

[Help!]

My lawyer is pissing me off. I called there today and the paralegal won't get on the phone, they leave me holding and then the secretary somes on and says make an appointment. I say for what? I have a few questions and need answers now. SO she says email her. I did, but needless to say, they didn't answer. It the same old story, they are great and always take your call, ut as soon as you pay in full, they blow you off... I am soooo feedup.. Make head feels like is is going to explode. Who the hell keeps copies of cc statements and utilities for that long. I am a terrible record keeper, but I mean give me a break 2 years!!!

Again, write down every phone call and email attempt in that notebook. One thing most people don't know about the UST is that they are there to oversee the entire BK process. They have the ability to take action against BK attorneys and case trustees as well as debtors. Although they're auditing your case, think of the UST as "Quality Assurance" and not an adversary. If your attorney made mistakes that landed you in this audit, it will be obvious to the UST when you provide them with that documentation.

[Help!]

I am over the median by 20K. I am going crazy lookng for statements, receipts etc. My attorney should of warned me about this and told me to keep all receipts. I have a meeting with him this week.

HALLOWEEN - I filed about 3 weeks ago.

Does anyone know if I print out my hubbys milage to and from work how do I figure how much a gallon for gas?


Why does the UST want 2 years of CC statemnts? What are they looking for?

The UST is going to be pissed because I do not have 2 years of CC statements. I feel like i am getting buried alive.

The UST requests the statements for several reasons. First, they want to see if you'll provide them or if you're unwilling to do so because you're hiding something. Second, they're trying to get a sense of your spending habits, how you used credit, if there was any fraud.

I used the current national average for a gallon of gas in calculating fuel costs.

Lastly, I know the feeling of being buried alive - but try to remember that it's nothing personal. The UST's attorney is there to do a job. There may be things going on behind the scenes you don't even know about. In my case, I think the UST was after my attorney more than anything. He was incompetent and browsing around on PACER it was pretty obvious that his cases were not randomly audited - he was being scrutinized. Keep your chin up!

[bcvw]

As far as gas costs and not having receipts, you could prepare a statement that shows the distance your husband's employment is from home and figure gas usage based on the MPG that his vehicle gets and the price per gallon of fuel. Indicate how many tolls he pays for each day. That should be sufficient evidence.

[Help!]

How do they throw you into a 13? What is the bottom number that determines a 13?

If the UST feels you aren't a 7, they can go through your means test piece by piece and recalculate what they feel your numbers should be. There is a threshold (see boxes 52-55 of Part VI means test form) that determines whether or not the presumption of abuse arises. I'm guessing your calculations resulted in a number that indicated it does not arise, but the UST has adjusted your calculations in such a way that the presumption does arise. Even if you "pass" the means test, your case can still be dismissed for abuse under 707(b) by the UST. In a nutshell, the UST has the upper hand here unless you want to get into litigation after they file a motion to dismiss.

The best route to take is to convince the UST that you are truly unable to fund a Ch. 13 repayment plan and that a Ch. 7 discharge would not be an abuse. In our case, we offered up assets that normally would have been exempt to allow liquidation and distribution to our creditors. We were able to show that the creditors would receive more repayment from distribution of assets than from what the UST felt we could pay each month in Ch. 13.

Unfortunately, it's a "guilty until proven innocent" situation and unless you're able to prove you're entitled to discharge, the UST will file a motion to dismiss. If you can get your attorney to communicate with the UST's attorney to figure out what parts of your means test they disagree with, you'll be better able to defend your petition.

[Help!]

My hubby just got paid and we are already broke... Its depressing.

And the most important thing I have to tell you is that you do not have to give up your dreams for your life and your children's lives. After all the nights spent tossing, turning, crying, life is better now than I ever could have imagined. It will be downright tough for several months as you're going through this process, and maybe a few more months after discharge. Imagine your debt-free life and don't lose sight of it. It's worth fighting for!

[debtmonster]

If they dismiss my case and don't discharge anything, I will simply go on not paying. I'll probably move to South America since I'm not having any luck in this country.

I don't keep statements.

[jessegirl]

Hi All,
I went to see the attorney today and we went over everything the UST is requesting. He figured my husbands mileage to work and then did the gas mileage his car gets and gave the UST a total. I was able to get some receipts for my truck not much but we came up with more then what the attorney had put on the petition. Weather that is good or not i am not sure? I asked him if this was normal procedure for the UST to ask for all of this and he said no. My attorney said on his recorder to the trustee that this is not an abuse case and that we can never do a 13 and that a chapter 7 is the right way for these debtors. When I was leaving I asked him what he thought and he said that I should win, but he cannot guarantee it. He also said that my trustee is the worst one to get!!!! Well, needless to say I am not happy. So guys and gals, I guess this is going to be on HELL of a ride for us. Lucky me huh????? Please wish us luck and say a pray for us. I KNOW we are defiantely going to need it..

[CANTDOIT]

where are you from jessegirl?

[TEW]

Hi All,
I went to see the attorney today and we went over everything the UST is requesting. He figured my husbands mileage to work and then did the gas mileage his car gets and gave the UST a total. I was able to get some receipts for my truck not much but we came up with more then what the attorney had put on the petition. Weather that is good or not i am not sure? I asked him if this was normal procedure for the UST to ask for all of this and he said no. My attorney said on his recorder to the trustee that this is not an abuse case and that we can never do a 13 and that a chapter 7 is the right way for these debtors. When I was leaving I asked him what he thought and he said that I should win, but he cannot guarantee it. He also said that my trustee is the worst one to get!!!! Well, needless to say I am not happy. So guys and gals, I guess this is going to be on HELL of a ride for us. Lucky me huh????? Please wish us luck and say a pray for us. I KNOW we are defiantely going to need it..

We are already doing that Jesse I wish you luck and I will keep you in my prayers. This will work out and you will be stronger for it. Please keep us posted.

[Help!]

where are you from jessegirl?

There is one UST assigned to each region and this is a well known public forum. Cantdoit, I know you're trying to help the OP but information that could identify a specific case should be disclosed in a PM rather than a thread.

[TEW]

There is one UST assigned to each region and this is a well known public forum. Cantdoit, I know you're trying to help the OP but information that could identify a specific case should be disclosed in a PM rather than a thread.

Nice to see you back HELP stick around

[Help!]

Nice to see you back HELP stick around

Thanks. I hate to see anyone else go through this.

[JRScott]

I hope you make it through it, seems like the meeting with the lawyer went pretty good though. I'll keep you in my prayers and thoughts.

[jessegirl]

Thanks everyone. I love that I have a place to come to and talk to people who TRULY understand what everyone is going thru... Thanks

[jessegirl]

Thanks Help for steppng in about where I am from...