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U. S. Trustee's Statement of Declination

Official Procedure Last Change November 13, 2017

U. S. Trustee's Statement of Declination

How to file: 

Location of event: Bankruptcy > Trustee/US Trustee > U.S. Trustee's Statement of Declination

  • 11 USC 704(b)(1)(A), 707(b)

General Information

This statement is used when the US Trustee previously filed a statement indicating that a case is considered to be an abuse but decides that no action is required.

Note that this is different from the situation where the US Trustee previously filed a statement indicating that a case is considered to be an abuse but later wishes to correct that statement. In such an instance, the US Trustee will file an Amended Statement, which effectively withdraws their previous statement of abuse.

A Statement of Declination does not require a PDF to be attached. If the US Trustee wishes to attach an explanatory PDF, the USTR's Statement of Non-Filing of Motion to Dismiss or Convert is used instead.

Filing Requirements

No PDF is required to be attached.

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 Declination 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. Enter reasons for declination in the text box and click Next.

9. Final docket text is displayed. Click Next.

10. 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.