US trustee talk

[B65]

For those who had the UST involved at what stage/day did they get involved?

I just want to say for everyone on here, filing bankruptcy I feel so sad for all the stress involved, I am so stressed myself and feel so bad for everyone
B

[StartingOver08]

I had the US Trustee at my 341 (by phone). When my attorney first looked at my case he said that just based on the income there was a good possibility that the US Trustee would be interested in my case.

So, as you all may remember, I had to provide paperwork going back many YEARS (not months). My attorney's philosophy was get all the paperwork right up front so when the US Trustee asks for it there was ZERO delay in providing it. I have to say, although it was more difficult in the very beginning gathering everything to file, it was much, much easier afterward because my attorney was able to delivery everything immediately to the US Trustee without getting in touch with me. (My attorney referrs to this a 'bury the Trustee with documentation' - it seems to work).

At the hearing, about 20 min before, my attorney showed up and again informed me the US Trustee will 'listen in' and 'may have questions'. When I met the panel Trustee the very first thing she did was get the US Trustee on the phone and we had a lengthly hearing (probably 20 -30 min, but it seemed forever!) and the US Trustee did ask questions at the end. The hearing was continued and at the second hearing the panel trustee had a few more questions (from companies I had owned or had a partnership in more than 10 years ago). But then, right at the hearing, she said no assets and no distribution. Had I checked PACER the morning of my 2nd hearing, I would have seen they filed the NO ASSETS and NO DISTRIBUTION report the Saturday before my Monday hearing!

So, to answer your question: The US Trustee was involved right from the beginning - but I was forewarned by my attorney that this had a high probability of happening just based on my individual case.

[B65]

you went through

the wringer, but luckily for you it was all over in a reasonable amount of time.. good for you!! My attorney told me the same he said anyone earning over 80k and with high debt was a flag, but we heard nothing, he never got involved.. 341 went great really quick and the no assest thing was posted on pacer. I am now half way through my 60 days and i am just worried as I am not sure how unsusual it is for a UST to pop in and ask for stuff at any time?

[StartingOver08]

I think those of us that were told in the beginning and prepped our cases accordingly (by providing all the backup), actually fare better than if the US Trustee pops in without notice. At least we had a chance to get our paperwork together so there is not much delay.

Now JessieGirl got a nasty surprise and I can't help but think that maybe her attorney didn't review the case sufficiently to anticipate that this might happen. It is the surprise that hurts the most, IMO. If JessieGirl was told in the beginning then she could have been prepared (mentally as well as paperwork wise) for this possibility.

[B65]

thats the thing

the UST was involved in that case early on.. I thin k it has just got so backed up that the paperwork was not looked over and the attorney should have made a call asking if it had been and if everything was ok.
I have not had anyone pop in and am really interested if anyone did at this late stage...

B

[Help!]

The UST requested documentation before our 341 hearing, but our attorney "forgot" about that email. He dropped a 6 page list of documents right before we were called up. It went downhill from there.

[monkatom]

UST only got involved the day of the 341. My attorney send some of one of his other clients papers with mine so he requested ours. Luckily we had the paperwork he asked two easy questions and said I have no issues with this. 341 less than 5 minutes discharged 125K

[welovedis]

UST was involved prior to the 341 and was present for it as well. Their office is in the same building, different floor so it is easy for them to be present in my district.

[Kingxray]

In our case the UST asked for additional paperwork prior to our 341. My dad's lawyer showed up at our 341 to ask questions about our means test. Other than that 341 was uneventful. Less than a week later the US trustee filed a statement of "presumed abuse". A few days later UST requested additional paperwork, bank statements, homeowner's policies, etc. from 2 years prior, which we provided promptly. Our lawyer's assistant says that they sometimes ask for this when 2 homes are involved and that if our lawyer was concerned he would ask us to make an appointment, which he has not.

So in our case the UST was involved from the very beginning. Not sure if this is good or bad but it sounds like from what I have seen on this forum, no news is good news. Good luck B.

[B65]

thanks

from what I am seeing most people have the UST from before the 341... anyone have him pop up 2 weeks or more after the 341 for the first time?

B

[Help!]

from what I am seeing most people have the UST from before the 341... anyone have him pop up 2 weeks or more after the 341 for the first time?

B

Here's what I've read... the UST, if seeking a 707(b) dismissal, has to file the statement of presumed abuse within 10 days of the 341 hearing. After that, the UST can only seek a dismissal on the basis of 707(a) (fraud). If you're losing sleep over it, I can dig up the reference - I think I saw it either on the UST program website or in Title 11 itself. There does seem to be a wave of difficult Ch. 7's on the forum right now. That may just be due to the total number of cases filed increasing, but it surprises me given the economic climate.

[B65]

Thanks Help

not really sure what the difference in the 2 are...well the first one we are past........ as we are at day 26.. the second fraud, i would think would be hiding assests and lying on the petion income and such..i dont really know..... sO i guess I can sleep again now

B

[SubPrimeME]

not really sure what the difference in the 2 are...well the first one we are past........ as we are at day 26.. the second fraud, i would think would be hiding assests and lying on the petion income and such..i dont really know..... sO i guess I can sleep again now

B

B65- I was just as worried about the UST showing up, but in most cases(except for JesseGirl- sorry) you will know if the UST will be involved prior to the 341. No news is good news.

Just curious, are you worried about something in particular? Or just general anxiety? because if you have been honest, then no WORRIES! If you are hiding property, then yes, I would worry.