UST and Trustee

[dp1969]

Entered our case number in PACER and came up with about 7 that had the same number so I looked on the others filing CH.7. I noticed that under the "parties" section, some filers had a Trustee and a US Trustee listed while others only had a Trustee listed.

What is the difference? Can you only have a BK trustee on your case and/or both? Is it customary to have the UST listed?

Just wondering if we will have both at the 341 or just one. I thought the were both the same.

[yoyoma51]

Our has both the UST and the local trustee.

[dp1969]

Our has both the UST and the local trustee.

Can you tell me why?

[yoyoma51]

Not sure.

Because of the size of our BK, we had to supply the UST with some additional information (but not audited). Our attorney assured us there would not be a problem, and there hasn't been.

Wanting the additional information is the only possibility I can think of. Maybe if the UST wants more info, he/she becomes a listed party to assure everything gets to him/her that gets sent to the local trustee.

Just a guess.

[dp1969]

More & more time I spend finding out information (on this forum) that our attorney never told us. He never mentioned that both the UST & a local trustee would be in attendance...only that a "trustee" would ask us about 3-5 questions.

Did the UST ask for the information before your case or at the hearing? We've listed everything and it's really cut & dry. About $60k in unsecured CC debt and surrendering our home. Oh, it could be the $200k in a HELOC that is concerning them but we can't reaffirm that with the housing market in a slump. We owe $423k on our mortgage and the value is only around $510k (normally around $700k). In fact, the HELOC has become a party to our BK case. But on PACER, I noticed that the UST became a party to our case on the same day as the local trustee and the HELOC (GMAC) became party the case on a later date.

Oh, well...once again I'm reading into things!!

[yoyoma51]

He never showed up at our 341, just told our attorney to provide more information.

Our attorney (who is also a trustee) told us that the UST tends to take a closer look at cases with high unsecured debt (more than $100k).

Based on your case, I DOUBT you have anything to be worried about. Really.

It really isn't that big of a deal (and I can say that because our case is getting a little 'extra' scrutiny).

[dp1969]

Very cool, thanks for the info.

DP