become trustee bankruptcy
The U.S. Trustee role in a Chapter 7 bankruptcy
Ok. You think about the request for bankruptcy relief under Chapter 7 of the Bankruptcy Code. You can about to dismiss the "means test" and how the U.S. Trustee requests or complaints may, pursuant to section 707 (b) file a case or him by force be converted to a Chapter 13 to have heard. You could then ask how and why this would happen and how can we avoid it happening to you?
To address these concerns, it is useful to think in the way what the U.S. Trustee is looking for in your petition. The answer is, in a word, income (in a later article we will be interim trustee to examine what the case is / are looking for the one trustee is very different from the concerns of the USA). That's not to say, of course, that your petition may be imprecise with such other information as assets and liabilities. The U.S. Trustee's overriding priority is the debtor's income. Let's take a closer View of the process.
If your attorney files your petition forwarded first, an electronic copy to the Office of the U.S. Trustee for this district. An initial screening conducted by a "bankruptcy paralegal or bankruptcy analyst in the U.S. Trustee's office. The screening is at first Line from an examination of the debtor B22 means test calculation. If the debtor calculates the annualized gross income, is set as in the petition, is also under the applicable median, then the U.S. Trustee will make probably never even bother to look to the petition itself.
If there is a close call, however, that if the debtor's gross income is either above or just below the existing median, then the U.S. Trustee will conduct its own examination of the debtor's means test B22 Calculation to ensure it is correct. That is, the U.S. Trustee will ensure that the debtor is the calculation of gross income is right that the defendant used the correct standard IRS expense deductions, and that there is no undue expense subtractions in the calculation of disposable income.
If The U.S. Trustee believes that the defendant has the calculation inaccurate or even questionable, it will be an even closer by warning to the debtor attorney a letter in front, that the case is under consideration of possible action under § 707 (b), and that the decision on such action, he may require the debtor provide these additional documents would help paystubs, tax returns, bank statements, etc.
If the additional documentation supporting the B22 debtor calculation, that it suspects an abuse under § 707 (b), then the U.S. Trustee will notify debtor lawyer that no 707 (b) measures is currently intended. Otherwise, get ready for some unpleasant consequences, since there is in most districts of the U.S. Trustee in the overwhelming majority of 707 (B) action, which files have in subsequent cases either dismissed or converted in Chapter 13 For this reason, it is of crucial importance for debtor lawyer to be knowledgeable and very accurate with his B22 means test income calculations, so that measures can be potential U.S. Trustee under Section 707 (b) avoided are before they happen.
About the Author
David Romito is a Bankruptcy Attorney handling matters in Pittsburgh and the Western District of Pennsylvania. For more answers to your bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney .
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