for those who have been audited by the UST???

[onacliff]

Now what happens... We have delivered all the paperwork requested at the 341 meeting. about 500 pages of stuff- organized and in a binder-- hope it is what they are looking for...Not sure what else I would be able to give them...
Day 10 after the 341 will be this Wed....

I just don't know what happens now... thanks for any insight.

[StartingOver08]

What happened in my case was....nothing. At my 341 it was continued because the UST needed additional time to review my 2000 pages of documentation. At the continued 341 there were additonal questions, but not many. When I left, I looked a PACER and saw they had already filed the no asset and no distribution letter the Sat before my continued hearing. I never heard anything back from the UST and my attorney said everything was fine - got my discharge right on time.

Hopefully you will have the same thing since you had all the documentation. Good luck - now just wait. BTW, the timing of my Ch 7 ended up right on time with no delay. Hopefully that will happen to you too.

[jessegirl]

What happened with mine was filed and then UST got involved about 2 weeks after we filed. He asked for a shxx load of things. We gave him what we could and never heard from them again. That was until the day of discharge and then the UST put a 90 day extension on our case and requested all the same information again. He originally wanted 2 years of cc statements. Now, i did not have that and i was not able to obtain because once i filed most of the cc either would not allow me online access, sold my account or didn't want to deal with me at all cause of the BK. Anyway, I was able to get a few cc statements and my attorney says that you can only produce what you can and thats it. Then after giving him what he wanted we then get a supenoa in the mail for a 2004 deposition hearing. That was with the UST, an attorney a BK analyst and a secretary/note taker. So we were questioned about of BK and then they ended the depo. This BK has been a horrible nerve racking experience. Hopefully, it will end in a good note. To date we have not heard anything more from the UST, BUT we didn't here from him for 3 months after we gave him the information the first time. I always thought no news is good news, but for me it was bad news.

Not all BK go that way. So people jsut give the UST what they want and they go away.

Goodluck

[StartingOver08]

Jessiegirl has hit the nail on the head - if you have the documentation the UST goes away. IF you can not provide the documentation, or the documents don't support your position, that is when you have the problems. Please note, that I had to supply copious amounts of documentation going back years (10 yrs on RE transactions, 2 yrs bank statements, 3 yrs cc statements etc, etc) to the tune of 2000 pages. My attorney required it because he knew the UST was going to be interested in my case so we were prepared right from the date of filing. Not all attorney's give their clients the proper 'heads up'. If Jessiegirl would have known from the beginning, she would not have had the issues she had to deal with, IMO.

Hopefully your backup info is enough to satisfy the UST.

[OhioFiler]

SO the UST audits 1 in 1,000 cases and then of those a small fraction are scrutinized to the extent Jessiegirl's case has been handled.

I think the odds of this happening to any given filer are too slim to worry about. Only after it happens does one need be concerned.

[StartingOver08]

SO the UST audits 1 in 1,000 cases and then of those a small fraction are scrutinized to the extent Jessiegirl's case has been handled.

I think the odds of this happening to any given filer are too slim to worry about. Only after it happens does one need be concerned.

I agree about your statement regarding the audits.
However, that is not the only reason for the UST being involved in a case. There are other trigger items - I don't know all the triggers, but it appears that income over median and owning a small business attract attention. It could be also the amount of debt - but I don't know that for sure.

I do know that the UST gets involved in more than just the audited cases.

[onacliff]

presumption of abuse

Jessegirl, Did the UST file the assumption of abuse within the 10 days after your 341? or was your 341 concluded?
Don't they need to alert you by law that they are going to dig deeper within a certain period of time?

[jessegirl]

Jessegirl, Did the UST file the assumption of abuse within the 10 days after your 341? or was your 341 concluded?
Don't they need to alert you by law that they are going to dig deeper within a certain period of time?

10 days AFTER i filed is when the UST stepped in with the abuse and then I went to my 341 and they reg. trustee says she doesn't see any abuse and put a motion to dismiss that charge. Then after that we didn't here anything, so we figured ok we are fine. And then it all happens the day of discharge.

STARTINGOVER is right - is not just 1 in 1000. Its if you are over the median, if you have alot of debit to discharge too. My attorney says that they are auditing alot of people now cause there are so many BK's.

ALso STARTINGOVER is right about getting your stuff together before they ask. If i would of known that the UST was going to step in an ask for all that documentation i would of been able to get the cc statements. But, once i filed the CC companies didn't want anything to do with me. I gave them a huge pile of paperwork. It must of been 8-10 inches high. I thought, how could someone go thru this. BUT, they did and questioned us here and there about some things.

If you are over the median, you will probably be audited and then if the cc debit is high you will also be audited.

[walkthaplank]

It would seem in my uneducated opinion smarter and easier for the UST to subpeona the CC companies for however many years of statements they want. It would seem cheaper and more effective than subpeonaing you about the statements you no longer have.

How many people keep more than a months worth of CC statements? How many people in this "electronic era" even GET paper statements?

[SuzieBK]

Jessegirl, were they asking about specific purchases or transactions on your accounts? I'm thinking we're primed for interest from the UST--over median, $124K in cc debt, AND I work for myself! I'm wondering though if the fact that I only work part time and have never made more than $36K in a year with very little written off as business expenses means I'm small potatoes.

[jessegirl]

Jessegirl, were they asking about specific purchases or transactions on your accounts? I'm thinking we're primed for interest from the UST--over median, $124K in cc debt, AND I work for myself! I'm wondering though if the fact that I only work part time and have never made more than $36K in a year with very little written off as business expenses means I'm small potatoes.

Hi, they really didn't question me about the specific charge, but did question me on why so much....

Not sure about you being small potatores with 36K per year. But, we being over the median defiantely raised a red flag.

[jessegirl]

It would seem in my uneducated opinion smarter and easier for the UST to subpeona the CC companies for however many years of statements they want. It would seem cheaper and more effective than subpeonaing you about the statements you no longer have.

How many people keep more than a months worth of CC statements? How many people in this "electronic era" even GET paper statements?

Hi Walk - You are right. That was my response when I was first asked for the CC statements. If I had to keep 2 years worth of 35 + cc's I would have had to rent a storage unit. I did question my lawyer and he said well, if the UST really is interested in whats on the cc statements and you cannot produce them, then the UST will have to supeona the statements.

[CCCrazy]

Jessegirl, did the UST contact you the first time, 10 days after you filed, thru your attorney? or did he contact you that first time thru the mail? I filed the 9th and I'm just waiting for the UST to get involved.

[jessegirl]

Jessegirl, did the UST contact you the first time, 10 days after you filed, thru your attorney? or did he contact you that first time thru the mail? I filed the 9th and I'm just waiting for the UST to get involved.

I received a letter in the mail and my attorney also received a copy of the same letter. Yes, he did contact me about 2-3 weeks after we filed.

[Tromploi]

Gawd Jessegirl I think of you and your case daily. This Friday (27th) is the last day for objections, nothing from UST as of yet. Prior to 341, after, nothing, and I AM ALL of the red flags. Way over median, small businesses (3 of them), way high cc debt. God I am just hoping this goes off without a hitch. Can the UST get involved after the 30 days too? I really won't rest until the discharge.