US Trustee reviewing our case for abuse

[LostOne0069]

Well, I figured it would probably happen...

The US trustee has just requested "any and all documentation relating to the debtor's unsecured obligations as reported on the debtor's Schedule F"

That's what you get, I guess, for having $125k in unsecured debt.

I sure hope that credit card statements are enough as that is all I have.

[SinkingFast]

Our attny told us we might get tagged by the UST's office. Same reason as you, Lost. Relatively high level of unsecured debt and next to nothing in the way of assets. Well gee, duh!! Did we cash out and sell everything trying to pay bills??!!

The paralegal said they might ask to see the last 6 months of CC statements. Also be prepared to show bank statements as well. Basically stuff our attny already has on file.

In your case, you have "totality of circumstances" to consider. Remember that! You lost a higher paying job in a lower cost of living area and took a lower paying job in a higher cost of living area. Same as us. Our attny said that's a factor the UST will have to consider.

Just get your docs all ready to go. You're well prepared so this is nothing you cannot handle.

Decide which one of you will testify at the 341. Practice answers to questions you might expect to hear. Keep your answers short and sweet. Too the point. You'll do fine!!

[SinkingFast]

I posted this link in another thread. Hopefully you'll find it useful as well.

http://www.usdoj.gov/ust/eo/ust_org/...3/vol3ch05.htm

Remember,............ We're all rooting for you!! Praying for you!!

[lrprn]

I posted this link in another thread. Hopefully you'll find it useful as well.

http://www.usdoj.gov/ust/eo/ust_org/...3/vol3ch05.htm

Remember,............ We're all rooting for you!! Praying for you!!

Absolutely, LostOne - this is very surviveable with good documentation. The time to worry is if you actually have committed fraud (which of course, you have not). Just start pulling together all the documentation you can find, and as SF said, decide who will the the answer-provider and answer only what you are asked and nothing more. Your lawyer will help prepare you - ask him/her any and all questions you have to get some confidence in your answers. We're here for you 24/7 any time you need support or just need to vent in a safe place with people who understand.

[FoolAndHisMoney]

Well, I figured it would probably happen...

The US trustee has just requested "any and all documentation relating to the debtor's unsecured obligations as reported on the debtor's Schedule F"

That's what you get, I guess, for having $125k in unsecured debt.

I sure hope that credit card statements are enough as that is all I have.

Just my opinion, filing pro se may have something to do with it. Did you own a small business? Hope it all works out for you.

[LostOne0069]

No, we don't own a small business and yes, it MIGHT be because we filed pro-se... but I think it's more because I have $125k of unsecured debt and no assets.

The only documentation I have is my credit card statements and my bank statements... so I hope that's enough. We're going to send them 4 years worth of statements for everything showing that, while we may be guilty of being poor money managers, we haven't been intentionally running up our debt in preparation for bankruptcy.

about 80% of our unsecured debt has been there for 2 years or longer, the other 20% happened about a year ago when we needed to do some fast repairs and updates to our house in UT so that it would sell for enough to pay off the mortgage.

Really, what happened to us is that we moved to a state that had a cost of living that was quite a bit higher than what we had before... and our income stayed essentially the same.

I'm NOT worried that they'll find anything fradulent. I AM worried that they'll decide that being stupid with your money is a reason to deny us a discharge or force us into a 13 that we can't afford.

[SinkingFast]

Be sure to make copies of your Statements. Personally I'd make 2 copies of everything. Keep the originals unless or until they are requested, and send the UST's Office a set of copies. Then if they want the originals, you'd still have a set of copies for your own records.

My guess here is you got pegged because you filed Pro Se.

Because you've done your homework and completed your Petition, Schedules, and Forms accurately, there was no way to dismiss your case on a technicality.

Now, they've fallen to Plan B. Scare the bejeebers out of you hoping you'll falter.

[InDebtInMD]

The US Trustee rep showed up at my 341 back in June 05. We had about $140k in unsecured debt. We gave them what was asked for, and that was that.

She asked us a few questions about how we got where we were, and asked for some documentation to back up our childcare expenses.

The coup de grace was when our attorney mentioned that we were expecting baby #3 (our one and only daughter!) early in 2006, and that we could expect our expenses to rise accordingly.

The pregnancy was unplanned, but I guess the timing worked out for us. I mentioned it to the attorney in passing just prior to the 341 meeting, while we were waiting to go in.

Good luck!

[LostOne0069]

You know, I was just thinking that maybe this is a good thing... I mean, they're asking for documentation on the debt itself... which I'm not too worried about because we haven't charged anything in over a year and more than 80% of our debt is more than 2 years old. We're not being asked to prove our expenses or anything else, so maybe those things "passed". eh?

This wouldn't be bothering me as much as it is, but I just found out Friday that I may get RIF'd from my job this week. I find out this week if I still have a job... after moving 2000 miles from our nearest relatives FOR this job.

And here's the kicker... if I DO get RIF'd... my last day of work will be Halloween... which just happens to be my Birthday.

[no_it_all]

if I DO get RIF'd... my last day of work will be Halloween... which just happens to be my Birthday.

Ok, I officially say it: THAT WOULD SUK !!

[SinkingFast]

We know how you feel, Lost.

As if going thru the upheaval of loosing your previous job, finding and securing new employment, uprooting and wagging your family across the country, then having to file BK wasn't enough,........... The new employer is on shaky ground.

Hubby's company is having financial difficulties too. They've hired a Ch 11 BK Reorganization Consultant to come in and overhaul the place. Hoping to find and stop the monetary bleeding without having to go thru formal Ch 11. We're just waiting to see if Hubby keeps his job at this point too.

But possibly loosing your job on your birthday,........... Well,..............

NIA said it all,..............

Ok, I officially say it: THAT WOULD SUK !!

[LostOne0069]

Well, I thought of another thing that MIGHT be a good sign... The letter from the US trustee requests that we get this information to him by the 30th of this month... which only gives us 11 days from the day it was written to get them the documentation they're asking for. This also puts their deadline 6 days prior to my 341. I'm hoping that this means they really don't expect to find anything wrong... but that they feel they need to check anyway.

Either way, we have 4 years of credit card and bank account statments all photocopied off and orderd by account and year in expandable folders that we'll be boxing up and shipping off via UPS tomorrow. Here's hoping that it's enough.

[SinkingFast]

I'd love to be a fly on the wall in the UST's office when the staff sees your box of info, Lost!!

I'd be willing to bet they are getting way more than they bargained for.

[Bobby'sGirl]

Chuckling here...better than crying..

That would be the only benefit of being asked for all my old business and personal records...the vision of dropping off around 6 file boxes of documentation and letting them sort through it all...

[LostOne0069]

Well, I just got a temporary reprieve at work... My boss was able to get approval to keep me through the end of November... and there's a new contract in the works that, if it comes through, would resolve the situation for good.

I'd have to move to Albany, NY, but I'd have a job.... actually, a job that I'd enjoy much more than my current one in an area I'd like better!

I still have to worry about it... it's a reprieve, not a pardon... but at least I'm not going to lose my job on my birthday!