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    Deadline for US Trustee Objections

    Ok, my turn for a question.

    As you can see in my signature, my case was selected by the US Trustee in my district for further review. They asked for mountains of paper (which they got), saying they were reviewing the case for dismissal or denial of discharge. My attorney said that the amount of and quality of the documentation they received is better than most that she has seen, so we should be ok (I won't be sure until holding the discharge letter!).

    My questions is this: Deadline for creditor objections is 10/9/07. Doesn't this date apply to the US Trustee's objections too, unless he asks the BK court for an extension? Everything he asked for was provided and filed on 8/16/07, so that gives him a full 45 days to review. I guess I could check PACER, but I would think my attorney would tell me within 48 hours of receiving any updated correspondence (i.e. more info requested, or good or bad news).

    Any comments regarding the law, personal experiences, etc. would be appreciated.
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    #2
    The U.S. Trustee has just as much time as anyone else to object.
    However like you mentioned, they may ask for an extension in order to complete whatever It is they are trying to complete.
    Quite often they find "diddly" and the only reason for such a review is to satisfy a quota for reviews necessary in their district.
    The U.S. Trustee office has to audit a certain amount of cases (1 in 250, and occassional high income cases) and also review a certain amount for abuse.
    Unfortunately , The U.S. Trustee representative has been known to object on the very last day.
    Probably just to bust chops.
    Most likely find nothing.
    Last edited by Ryersonhead; 09-10-2007, 11:45 AM.

    Comment


      #3
      A few people have posted where the UST's Office asked for additional documentation almost immediately after their cases were filed.

      The people that supplied what was asked for, ASAP, their cases progressed normally. The UST's Office got whatever within 10 days to 2 weeks. Reviewed the material. No request for an Extension. The cases were Discharged on time.

      Chances are, if you supplied what was asked and/or more, then your case should proceed normally.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Thank you both. I am counting on that, of course. Next Monday will be exactly 1 month that they have had the responses, so I am hopeful they will come back with nothing and the discharge will be granted shortly after the 10/9/07 deadline.

        I of course will let you know as soon as I do........
        Filed Business Chapter 7: 7/11/07
        341 Meeting: 8/8/07 Asset Case
        US Trustee reviewed case/resolved 9/14/07
        Discharged: 10/11/07 Closed: 11/2/08

        Comment


          #5
          Boscoe,

          What kind of paperwork did they want? I want to have everything ready for whatever they might request. Do you mean like bank statements, credit card statements, etc? I saw someone mention receipts on here once, and we don't save receipts at all. I have always figured the credit card statement was my proof of a purchase.

          Rick
          11/29/2007 - Filed Ch 7
          01/08/2008 - 341 Hearing
          03/12/2008 - Discharged
          03/21/2008 - Closed

          Comment


            #6
            Rick - don't want you to get too concerned about this,,my income is clearly over the median for my state, and I filed a business case, chapter 7.

            My attorney said it at our first meeting "well, the US Trustee is going to want to take a look at this."

            I would ask your attorney what the liklihood is for you. But, just to feel comfortable, and to get it out of the way just in case, I would pull together all your asset statements (bank statements, 401k, IRA, investments if any), cc statements, loan statements, going back 12 months from date of filing. Then you can rest easy..........
            Filed Business Chapter 7: 7/11/07
            341 Meeting: 8/8/07 Asset Case
            US Trustee reviewed case/resolved 9/14/07
            Discharged: 10/11/07 Closed: 11/2/08

            Comment

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