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The U.S. Trustee Wants To Review My Case! Should I Be Worried?

By Scott Riddle on September 22, 2014
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If you find that your Bankruptcy case is being reviewed by the United States Trustee it is not necessarily a bad sign but it is something you will want to discuss with your lawyer.  It might seem especially scary if the first you hear about it is a notice of a Rule 2004 Examination or request for documents, with no explanation of what they are looking for.  Even worse, the last time the U.S. Trustee reviewed one of my cases, they electronically filed a motion to extend the time to object to my client’s discharge at about 11:45 p.m. – fifteen minutes before the midnight deadline. This was after the first meeting of creditors and the Chapter 7 Trustee had already entered a no-asset report.  We did not know exactly what the U.S. Trustee’s office was looking for, but it was a higher income Chapter 7 client with several rental properties.   The attorney for the U.S. Trustee took the Rule 2004 deposition and told us at the conclusion that he had no issues in the case and we expect a discharge soon.

There are a few reasons that the U.S. Trustee might want to review your case in a little more detail.  One reason is that the U.S. Trustee’s office is supposed to conduct random audits on consumer cases.  Since 2005, they have been required to conduct random audits of at least one out of every 250 Chapter 7 or Chapter 13 cases.  However, during a time they ceased the random audits due to the federal budget problems, and in other years they have only audited about 1 in 1,000 cases.  As of earlier this year (2014), they have resumed the random audits.  We cover the random audits, and what you may be asked to provide, in this post.  A second major reason the U.S. Trustee may audit a case is where there is something in the Schedules that stands out relative to other cases.  For example, my client discussed above had much higher income than the average Chapter 7 filer so his case was flagged.  Others may have expenses that are out of the ordinary, or claimed certain debts were business expenses when it was not clear the really were.  The most important factor in getting through an audit with flying colors goes back to the filing of the case: simply make sure that the Schedules are complete and accurate.  If there are significant material errors, such as omitting income to meet the Means Test, problems will follow if they are determined to be intentional.  According to U.S. Trustee reports, they found material (not necessarily intentional) errors in about 20% of cases that they audited.  This illustrates the necessity of hiring a good, experienced Bankruptcy lawyer who will take the time to go through the Schedules as many times as necessary to make sure they are as correct as possible.  I have had many cases over the years where I spent more time working with my clients on the Schedules than any other single task in the case.  One final point – An audit as discussed here is not the same as an investigation into misconduct, Bankruptcy fraud or whether the Debtor should be denied a discharge.  An audit can certainly lead to a further investigation, but this discussion is intended on referring to the random audits or the cases which are flagged simply because they stand out from the pack for some reason.

Photo of Scott Riddle Scott Riddle

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987…

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987 and received his JD, with honors, in 1991 from the UNC School of Law. After graduation from law school, Scott served as a judicial law clerk for Judge W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. He then spent several years in the Bankruptcy and litigation sections of a large international law firm based in Atlanta prior to starting his own firm.

Scott is admitted to practice before the Supreme Court of Georgia, Georgia Court of Appeals, Eleventh Circuit Court of Appeals, and U.S. District and Bankruptcy Courts for the Northern, Middle and Southern Districts of Georgia. He has also been admitted to practice pro hac vice in the courts of several other states.

Scott has spoken at several continuing education seminars, and in the community, has been a member of the Kiwanis Club, Buckhead Business Association, Rotary Club and North Point Community Church. He has been cited in several publications, including the Wall Street Journal Online, Atlanta Journal-Constitution, Atlanta Business Chronicle, Fulton County Daily Report, and CNN.com. Scott is a member of the State Bar of Georgia (Bankruptcy and Litigation Sections), served several terms on the Board of Directors of the Bankruptcy Section of the Atlanta Bar Association, and is a member of the Georgia Chapter of the Turnaround Management Association and the American Bankruptcy Institute.

Away from the office, Scott is very active in his community. In addition to volunteering with local charities, Scott has participated and led mission and relief trips to orphanages in Russia and Romania, conducted English camps in Romania and Poland, participated in earthquake relief projects in Haiti, and participated in, and helped organize, an earthquake relief trip to Chile. He also supports Lighthouse Family Retreats, and participates in weekend retreats for children suffering from cancer and their families.

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  • Posted in:
    Bankruptcy
  • Blog:
    Georgia Bankruptcy Law Network
  • Organization:
    The Law Office of Scott B. Riddle
  • Article: View Original Source

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