Found an issue on this page? Let us know and we will look into it as soon as possible.
Chapter 7 bankruptcy when a US trustee ask for supporting document
Anonymous3 views6 answers
is it a bad thing is the US trustee has concern or question about the petition and request more supporting document.is this a red flag? is that means that he will dismiss the case or it will be a hard case to prove?
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
You have not given enough information to know why the UST is asking for supporting documents. If your are asking us instead of your attorney, I assume that you must have filed pro se. If the UST is investigating the case for any reason, you need an experienced bankruptcy attorney assisting you. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the "Find a Lawyer" link at the top of this page to search for an attorney.
Attorney Gambrell is correct that you have not given enough information to evaluate the situation. It could as simple as asking the correct mortgage balance or more serious questions about your income, expenses, means test calculation, dates of incurring unsecured debt. If you had your own lawyer, you would have asked him or her this question. Your best bet is to get an experienced bankruptcy lawyer, bring him all your documents and then answer accurately any questions which you are asked. You don't want to let this matter sit around and not get handled. If something is not true, dismissal is not the worst situation, criminal charges are. Best of luck.
It isn't uncommon for a panel trustee to ask for documentation when the petition doesn't adequately explain the circumstance, but it is not necessarily a sign that something is bad. Hope this perspective helps.
The first problem is to distinguish between the case trustee and the UST. The first is the person you met at the credit meeting. If this person asks for information he is looking for assets or trying to determine value for the property you listed. The UST is different. Most of the time the USt inquiry is about your eligibility to file a chapter 7 and he is looking to see if you pass what is referred to as the median income test.
Put your documents together and give them to your attorney. If you do not have an attorney it is time to get one.
It's not a bad thing or a good thing - it's just that they want more clarification about something that was disclosed or identified in your papers. If you have a lawyer, talk with them about what the trustee wants. You should provide whatever they are asking for, unless it's wholly unnecessary, in which case your lawyer should stand up on your behalf. In the cases I have had the trustee request more documents, it's been to clear up a question about a transfer to/from bank accounts. My clients provided the documents, along with an explanation, and the 341 was closed.
You need to get an attorney involved. It is not a good thing that the U.S. Trustee is involved, but it could be based on missing information. Definitely get an attorney in your area to assist you.
