Official Procedure Last Change February 6, 2012
U. S. Trustee's Amended Statement of Presumed Abuse
How to file:
Location of event: Bankruptcy > Trustee/US Trustee > U.S. Trustee's Amended Statement (10 day)
If the US Trustee previously filed a statement indicating that a case is considered to be an abuse but later wishes to correct that statement, the US Trustee will file an Amended Statement. This effectively withdraws their previous statement of abuse.
Note that this is different from the situation where the US Trustee still believes there is abuse but decides that no action is required. In such an instance, they can file either a Statement of Declination (which does not require a PDF to be attached), or a USTR's Statement of Non-Filing of Motion to Dismiss or Convert if they wish to attach a PDF.
No PDF is required to be attached.
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 Amended Statement (10 day) 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. Click Next.
8. Final docket text is displayed. 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.