US Trustee -- Presumption of Abuse Filings

Rev. 09/30/14

US TRUSTEE -- PRESUMPTION OF ABUSE FILINGS

Overview:

The U.S. Trustee shall review all materials filed by the debtor and not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707(b), and not later than 7 days after receiving a statement the court shall provide a copy of the statement to all creditors.  The U.S. Trustee shall not later than 30 days after the date of filing a statement file either a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons it does not consider such a motion to be appropriate.

 

Codes, Rules and Forms:

Bankruptcy Code:

704(b) & 707(b)

Bankruptcy Rule:

2002(f)(10)

Local Rule:

None

Official Form:

B22A, B22B & B22C

 

CM/ECF Event(s):

           Answer/Response, Rebuttal of Presumption of Abuse
           Miscellaneous, Rebuttal of Presumption of Abuse
           US Trustee, Amended Statement UST (10 day)
           US Trustee, Statement and Notice of Presumed Abuse
           US Trustee, Statement of Declination
           US Trustee, Statement of Inability to Determine Presumed Abuse
           US Trustee, Statement of No Means Testing Documents Filed
           US Trustee, Statement of No Presumed Abuse – Change from original notice
           US Trustee, Statement regarding 704(b)(2) – Motion to Dismiss not appropriate
           US Trustee, Supplemental Statement No Presumed Abuse
           US Trustee, Supplemental Statement Presumed Abuse