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Letter from US Trustee - does this mean I'm getting "audited"???

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    #16
    Hey Gang, a follow-up question to my OP...

    I still haven't heard back from my attorney, although I've left a few messages. She may be away for the holiday... Anyway, the letter says to provide the requested info by 12/28. If I don't hear from my attorney by, say 12/26, should I go ahead and provide the requested documents directly to the US Trustee?? I find it a little on the aggressive side to require the documents to be returned within 10 calendar days, considering the holidays...

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      #17
      I think that the OP is being looked at for abuse and not just a routine audit. If a high income filer etc the US trustee is probably looking for disposable income. You should be fine once you provide all the requested documents

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        #18
        We're in a similar boat. The US Trustee asked us for additional information such as this. Our attorney told us that we were not being audited. They were looking for 'hidden assets' because our debt was so high.

        What the US Trustee apparently missed was there was a small business that failed, hence all the debt. We forwarded the requested info and our attorney told us not to worry about it.

        Somewhat off the subject, our attorney (all he does is business law and bankruptcies) has never had a case audited by the US Trustee. I'm not sure I buy the whole 'random' audit deal.

        The fact that our attorney has been a trustee since 1982 must also have something to do with it.


        PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.
        Chapter 7 Filed - 11/27/07
        Discharged - 2/29/08
        Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
        Finally Closed - 3/1/09

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          #19
          Can an audit still happen AFTER you've been discharged and CLOSED ? ? ?

          Catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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            #20
            My understanding is if you are going to be audited, you are notified within 10 days or so of filing. I could be wrong, however.

            I do think that if something is discovered even after you're discharged (fraud, hidden assets, etc.) the government can still come after you.

            PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

            Happy Holidays!
            Chapter 7 Filed - 11/27/07
            Discharged - 2/29/08
            Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
            Finally Closed - 3/1/09

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              #21
              Well this morning I spoke to the UST Bankruptcy Analyst that sent me the letter. He said that it's NOT an audit. He said their office picks "select" cases to verify just the basic info submitted in the petition. I got his email address, and sent them to him already...

              Also, my attorney just called me back. She said that it's not uncommon for them to request this kind of info, but again said that I'm not being audited (yet).

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                #22
                Whew! Great news!
                Filed 07/07, $120k unsecured debt
                Plan: $400 (includes cram down) 60 months
                Brilliant attorney, decent trustee, awesome plan

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