RMSC Hired to review petition; scared trustee may be forced to take harder look

[potsie834]

[mtbc]

They file on tons of cases, most of which nothing happens on. I've heard they look for juicy assets or, for particular creditors, pre-filing transactions that indicate fraudulent intent. I don't think I've heard yet of them attacking a Schedule J. Maybe somebody else can comment, though, they didn't even file anything on my case so this is all second-hand.

[jdcat]

I'm not sure I understand how RMSC would have a say in what your expenses (schedule J) are or should be, or on what basis they could claim to know that your expenses are not copacetic???

[mtbc]

They may look obviously rather aberrant: well above IRS local standards, or including expense categories that that district usually rules against allowing, or whatever. In which case, I don't know if they could originate a relevant 707(b)(3) motion themselves, but perhaps they could at least ask the trustee to look again, with the background that they could prod the US trustee to take a closer look given that part of the UST's job is to make sure that the normal panel trustees do their job properly. Not, as I mentioned, that I've ever heard of that company actually doing that.

[potsie834]

I want to thank everybody who replied. I spoke to my attorney today (finally) and he said not too worry, and that it is common for this company to file for review hoping to collect assets if there are any. Fortunately for us, I guess, there is nothing!