Category: U.S. Trustee Audits
By Brett Weiss, Maryland Bankruptcy Attorney on May 13, 2008 in Bankruptcy Practice and Procedure, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Lawyer to Lawyer, Maryland, U.S. Trustee Audits | 0 Comments
According to the Office of the United States Trustee, audits, which were suspended in January 2008, will resume on May 12, 2008.
The announcement states:
5/9/2008
As mandated in Section 603(a) of Public Law 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States Trustee Program (USTP) established procedures to audit petitions, schedules, and [...]
Popularity: 6% [?]
By Jill Michaux, Kansas Bankruptcy Attorney on May 9, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas, U.S. Trustee Audits | 0 Comments
The Executive Office of the U.S. Trustee announced today that it will resume auditing debtors in consumer bankruptcy cases starting May 12, 2008. One in 1000 consumer bankruptcy cases in each judicial district will be chosen for random audit, according to the program’s website.
The debtor audits were temporarily halted by the U.S. Trustee program [...]
Popularity: 8% [?]
By Chip Parker, Jacksonville Bankruptcy Attorney on Mar 27, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Florida, General Bankruptcy Information, Georgia, U.S. Trustee Audits | 0 Comments
Bankruptcy attorneys practicing in the Middle District of Florida, Jacksonville Division received the following email from Chapter 13 Trustee Doug Neway:
“Effective with all cases filed on May 1, 2008 or later: . . . All plans should be calculated using a 10% fee. This change is necessary to insure sufficient fund are collected during the [...]
Popularity: 27% [?]
By Jill Michaux, Kansas Bankruptcy Attorney on Jan 19, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas, U.S. Trustee Audits | 1 Comment
The U.S. Trustee has suspended auditing debtors filing bankruptcy for now. Congress did not fund the audits in the 2008 appropriation. Alternate funding is being sought and audits will resume when funding is found, the Executive Office of the U.S. Trustee reports.
Debtor advocates testified before Congress October 2, 2007, that the audits have [...]
Popularity: 25% [?]
By Peter Orville, Attorney at Law on Nov 4, 2007 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, New York, U.S. Trustee Audits | 2 Comments
BAPCPA, the new bankruptcy law requires that random audits be conducted in at least one out of each 250 non business Chapter 7 and 13 cases. The audits began just over one year ago. In the first eight months of the audit program, 1631 audits were completed. Of those, 29% of the cases audited were found [...]
Popularity: 31% [?]
By Peter Orville, Attorney at Law on Nov 3, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, U.S. Trustee Audits | 0 Comments
If you liked that post, then try these…Do Mortgage Arrearages Get Paid Interest in Chapter 13 Bankruptcy? by Jill Michaux, Kansas Bankruptcy AttorneyCooperation: It’s Not Just a Good Idea, It’s the Law by Wendell Sherk, Missouri AttorneyMortgage Company v. Mortgage Company: You Lose by Wendell Sherk, Missouri AttorneyTrustee Cannot Sell Jointly Owned Property If Hardship [...]
Popularity: 15% [?]
By Peter Orville, Attorney at Law on Nov 2, 2007 in Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, General Bankruptcy Information, U.S. Trustee Audits | 1 Comment
If you filed a Chapter 7 bankruptcy case and your case was audited, you face a variety of sanctions if the audit firm finds a material misstatement in a Chapter 7 case. The enforcement options by the United States Trustee’s Office include the following:
1) Objection to discharge pursuant to [...]
Popularity: 15% [?]
By Peter Orville, Attorney at Law on Nov 1, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, U.S. Trustee Audits | 0 Comments
If you have filed a bankruptcy petition and you are lucky enough to be chosen for an audit, you should know the time line that the audit process will follow.
1. A non-business Chapter 7 or 13 bankruptcy case is selected for audit within 10 days after the date the bankruptcy petition was filed. An audit firm is [...]
Popularity: 16% [?]
By Peter Orville, Attorney at Law on Nov 1, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, U.S. Trustee Audits | 0 Comments
If your bankruptcy case is selected for an audit, the audit firm first sends your attorney a list of documents that need to be sent to them within 21 days. If neither you nor your lawyer respond to the auditor’s requests for documents, or if an insufficient response is received, they will file a [...]
Popularity: 14% [?]
By Peter Orville, Attorney at Law on Oct 31, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, U.S. Trustee Audits | 1 Comment
On October 20, 2006, debtor audits began, pursuant to BAPCPA, the new bankruptcy law. At least one out of every 250 non business Chapter 7 and Chapter 13 bankruptcy cases is randomly selected for audit.
If your case is selected for audit, your lawyer (or you if you have no attorney) will be notified by [...]
Popularity: 17% [?]