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Paperwork to Trustee and US Trustee

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  • Paperwork to Trustee and US Trustee

    Am I understanding this all correctly?

    I just realized today that in addition to sending tax forms to the trustee (sent by mail today, but no proof of receipt requested) I'm supposed to send them to the US trustee. I dug around and finally found a name and address for the district I've filed in.

    Here's a link that might help others:

    So I have to send tax forms (possibly pay stubs, bank statements, etc.) 7 days before the 341 to both the trustee and the US trustee?

    There is almost no mention of this in any literature.

    Please help!
    Last edited by AllMyDefault; 08-09-2013, 05:22 AM.

  • #2
    I'll be interested to see what the expert member's have to say on this, as my Trustee only requested the document mailing to him alone.

    The only mention of the UST, on my request letter from the panel Trustee, was at the end of his info. request letter when he said:

    "Please mail these documents to my office at the address appearing on this letterhead or email them... ~ Thank you for your cooperation. I look forward to your meeting of creditors which will be held in the Office of the U.S. Trustee, The xxxxx Building, xxxx xxxx xxxx, etc."
    Chapter 7 Filed ~ Pro Se — 7-10-2013
    341 Meeting ~ Pro Se — 8-14-2013
    . . grateful to now be a '60 Day Club' newbie!


    • #3
      I have never heard of anyone (pro se or represented) having to send the 'normal' pre-341 documentation (tax returns, bank accounts, etc.) to the UST unless they were specifically requested to do so because they were selected for an audit or were under close scrutiny due to any 'issues' with their petition.
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.


      • #4
        When the US TT asked for documentation we sent it to our lawyer which I assumed went to the US TT as they were the ones requesting it Pam


        • #5
          Thanks for the replies.

          (Panic mode subsiding)

          In the Nolo book, Elias' How to file ch 7, it says something on page 266 lower right column about notifying both trustee and US trustee when you reopen the case to submit Form 23-Post Petition Financial Management. Is that also just to the trustee, and not the US trustee?

          Btw can anyone clarify whether the post-petition counseling is BEFORE or AFTER the 341? All courts forms say WITHIN 60 days, which technically could be before or after.
          Last edited by AllMyDefault; 08-09-2013, 04:04 PM.


          • #6
            My understanding is that some courts interpret it one way and others another.

            If you're not 100% sure on what your district thinks about it, you could just wait until after the 341. No harm, no foul.
            Chapter 7, above median, no asset. Discharged with no UST involvement.


            • #7
              You take the second class as soon as possible. . . even the same day you file is not a bad idea since all you need to take it is your case number. If you wait you may forget. The certificate is to be filed with the Court within (I beleive) 45 days after the 341. Not sure about the 45 days because I don't let my clients wait. Whatever the deadline is, such does not mean you have to wait to take the class.



              • #8
                We took our post filing course online the afternoon we got home from the 341.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."


                • #9
                  As a pro se filer, i was sending things to the United States Trustee and they asked me to STOP! They indicated that they receive all docket notifications in CM/ECF (PACER) and if the (Chapter 13) Standing Trustee wanted the UST to take notice of something specific, they would know. Saved me some postage!

                  Of course, your regional UST may be a little different. What I did learn, is that none of them like to be buried in paper!
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  I am not an attorney. Any advice provided is not legal advice.


                  • #10
                    I received an email from the regular trustee that they'll let me know if they want any additional paperwork to the tax returns.

                    And the court sent me a notice about Form 23 - Post Petition Financial Management Counseling that tells me to take the course AFTER the 341. Finally, something that makes it clear what this court wants. I'll take mine online no more than a day after the 341.

                    Thanks again everyone.


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