I am courious about this

[jessegirl]

Hi everyone - how come when I go on pacer - it doesn't say anything that the UST is checking us out for abuse? I got the paperwork together for the UST last week and it was sent to them. What happens next? I have asked my attorney what will happen next but they never answer my email on that. Will the UST be at my 341? If not will the reg. trustee come after us being the UST is investigating us on abuse? Not only was the UST asking for electric, gas, etc. bills. My attorney actually UNDER estimated our monthly transportation by about 200.00. Does that matter? I cannot wait until this 341 is over - I hate the not knowing whats ahead of me. I am the type of person that needs to know exactly whats going to happen before it does..

[Cali]

There is no way anyone on this board can tell you if the UST will be there or not. The attorney should know this.

I know my attorney told me beforehand that if the UST had a problem with the debt and our income, I would know well in advance of my 341.

[TEW]

There is no way anyone on this board can tell you if the UST will be there or not. The attorney should know this.

I know my attorney told me beforehand that if the UST had a problem with the debt and our income, I would know well in advance of my 341.

same here at my meeting the trustee stoped the tape and asked my lawyer if the front office was looking at this. she said she asked and they were not interested.
So she would have known your's should to.
does pacer say meansYes or meansno?

[kimba251]

For me the UST was not at my 341 buyt like you had requested ALOT of info before my 341.

THere was nothing on Pacer to indicate UST was involved until after my 341 when the presumption of abuse was filed. What you have to worry about is the 10 days from your 341. If no presumption is filed in that time you are pretty much home free in regards to the UST. (honestly I think the presumption will be filed for you though)

If the presumption is filed you have 30 days from presumption for one of a few things to happen. THe UST can push for you to convert to a chap 13, decline to pursue the matter, or your case is dismissed. (this would basically be if you decline to convert to a 13 if that is what the UST wants and your laywer can't keep youi in the 7 because the numbers etc aren't what they need to be)

Your laywer may have an idea what a particular UST is looking to do but even he can't guarantee a presumption will/will not be filed. Even though it stinks the only thing to do right now is make sure your numbers are correct, all documentation is in, and see what happens after your 341.

Those next few weeks after the 341 are where it really matters.

GL

[jessegirl]

TEW - It says meansno - is that a good thing? Is doesn't mention anything about the UST being involved for asking for anything. Isn't that weird being they are involved and saying for a whole bunch of stuff?

[jessegirl]

TEW - this is what it says:
Pending Status: Awaiting First Meeting ,Awaiting Discharge
Flags: DebtEdJT, DebtEd, MEANSNO.

Is this good?

[jessegirl]

Thanks Kimba, I know you had problems too with Abuse. What happened on your end with that?

[NowImDownInIt]

TEW - this is what it says:
Pending Status: Awaiting First Meeting ,Awaiting Discharge
Flags: DebtEdJT, DebtEd, MEANSNO.

Is this good?

Meansno is a good thing. It's a tag entered by your trustee stating that you have no assets and no presumption of abuse... The UST is looking into it above what your trustee entered, but your local trustee does not see any presumption of abuse...

Good luck,
NIDII

[NowImDownInIt]

Oooh, I also want to add that most cases are initially set to MEANSNO, but the UST can change it to MEANSYES, which is basically what he is trying to do, just keep an eye on it.

[jessegirl]

Ok thanks for the information. I will keep my eye on it. I am on the damn pacer everyday. But, i am not going into anything cause the last date hasn't changed, so that means nothing has been added unless that date changes right?

[NowImDownInIt]

Right! No need to waste money checking if nothing has changed.

[Help!]

If the UST has requested additional documentation prior to your 341 hearing I would be shocked if a UST attorney did not appear as a "creditor" at your 341 hearing. The "MEANSNO" flag can change at any time, so don't assume this means you're off the hook. As Kimba has said, that 10 day period after your 341 hearing is when you'll know exactly where this is headed.

In our case, the local trustee was absolutely fine with everything but the UST attorney came to the 341 hearing. Our attorney received the request for documentation two weeks earlier but "forgot" to tell us. We went into our 341 hearing with no idea what was going on, who this attorney was or why they were questioning us so aggressively. The UST attorney was already irate that the requested documentation was not in their hands.

If the attorney for the UST does dispute some of your expenses, you absolutely have the right to amend your petition to include any expenses you might have left out or to modify expenses you underestimated. We ended up going through ours with a fine toothed comb, and when we actually tracked down all of our receipts for medical expenses it worked in our favor. Same with daycare expenses, taxes paid and charitable contributions.

In light of the UST's attention to your case, it would be smart to go through your means test and Schedule J expenses item by item and jot down questions you think they could ask... every petition has grey areas. Where are yours? Practice your answers mentally (maybe even verbally) and you'll be able to answer the attorney's questions concisely and confidently at your hearing. Knowing your petition inside out will also prove to you (if there is any doubt in your mind) that you haven't done anything wrong, you're not abusing the system and that there is no reason why you shouldn't be granted relief. Good luck!

[jessegirl]

Thanks Help - My attorney gave me a copy of the petition, is the means test included in the petition or is that a seperate thing? So the UST is also an attorney? Thats great my attorney already told us last week that he doesn't attend 341's and doesn't allow anyone on his staff to attend them either. He said he has someone else do that for him. So i guess we are on our own and now i feel like nobody is going to be on our side at this 341. I have a lump in my stomach from this. Are they really arrogant? I hope i don't get so nervous that I need a bathroom break.... LOL

[Help!]

It is part of your filed petition. The calculation is called your "Current Monthly Income" or CMI although it is really a statement of your finances in the six months prior to filing ending on the last day of the month before you filed. The UST does not attend 341 hearings. They are represented by their attorney. Both are employed by the U.S. Department of Justice. You can find a lot of information on their role on the usdoj.gov website in the "U.S. Trustee Program" site. Don't panic - just educate yourself as much as possible. Try not to let it consume you (easier said than done). You will get through this!

[jessegirl]

Thanks Help. I will go to there websie and read there role. I was also study my petition front and back. I feel like that are going to try and trip me up. I thought my petition was cut and dry as far as my expenses. Nothing is inflated as a matter of fact my transportation is short by about 250.00 per month.