U. S. Trustee's Statement of No Presumed Abuse (Presumption Previously Filed)

Official Procedure Last Change December 29, 2016

U. S. Trustee's Statement of No Presumed Abuse (Presumption Previously Filed)

How to file: 

Location of event: Bankruptcy > Trustee/US Trustee > U.S. Trustee's Statement of No Presumed Abuse (Presumption Previously Filed)

  • 11 USC 704(b), 707(b)

General Information

The US Trustee has 10 days after the date of the first meeting of creditors to file a statement as to whether the case should be considered an abuse. If so, the US Trustee will file a Statement of Presumed Abuse.

If the US Trustee later decides that the case should not be considered an abuse, this statement will be filed.

Filing Requirements

  • The Statement must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Trustee/US Trustee.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select U.S. Trustee's Statement of No Presumed Abuse (Presumption Previously Filed) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Enter additional text, if desired, and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.