Official Procedure Last Change December 29, 2016

U. S. Trustee's Statement of Presumed Abuse Subject to Further Discovery

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.

The debtor can then file a Debtor's Special Circumstances/Rebuttal of Presumption of Abuse if they feel that their circumstances warrant special consideration, for instance, a serious medical condition or a call or order to active service in the Armed Forces.

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 Presumed Abuse Subject to Further Discovery 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.