Central District of California had 91 audits last year. There was “at least one material misstatement” in 18 of the cases or 20% of the total. Some pretty interesting stuff. You can get the report here.
All posts in U.S. Trustee
US Trustee has a new mailing address for the quarterly payments
The mailing address for quarterly fee payments that debtors send on or after May 15, 2019, is the following:
United States Trustee Payment Center
P.O. Box 6200-19
Portland, OR 97228-6200
The address shown above is a lockbox at a bank and is for quarterly fee payments only. Do not use this mailing address for service of process, correspondence, or purposes other than paying quarterly fees. Any correspondence or documents sent to the lockbox address, other than the payment and payment form, will be destroyed.
US Trustee’s FY 2016 Annual Report on Criminal Referrals
From the report (which you access here):
The United States Trustee Program (Program or USTP) made 2,158 bankruptcy and bankruptcy-related criminal referrals during Fiscal Year (FY) 2016. This represents a 1.3 percent increase from the 2,131 criminal referrals made during FY 2015. The five most common allegations contained in the FY 2016 criminal referrals involved tax fraud, false oath or statement, concealment of assets, bankruptcy fraud scheme, and identity theft or use of false/multiple Social Security numbers.
Of the 2,158 criminal referrals, as of January 9, 2017, formal criminal charges had been filed in connection with 16 of the referrals, 1,416 of the referrals remained under review or investigation, 723 of the referrals were declined for prosecution, and three were administratively closed.
US Trustee Brownbag Program on 341(a) – the Dreaded Meeting of Creditors – October 29, 2015
The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m. We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.
Proposed topics include:
• Duration, continuances and calendaring issues in the conduct of 341(a) meetings;
• Process and protocols in priority requests, juggling multiple examinations;
• The Role and Expectations of 341(a) Counsel including the consequences of failing to appear, filing incomplete schedules and lack of sufficient preparedness;
• Rules of Conduct and Expected Behavior in 341(a) Meetings including UST monitoring/in-room security, food and beverages, moving furniture, noise issues, unattended briefcases and interpreter issues; and
• Responding to UST inquiries.
We seek to both broaden and refine our list of topics in advance of our presentation so now is the time to let your voices be heard. Read more…
Thursday, October 29, 2015 – U.S. Trustee Brownbag – 341(a)’s
The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m. We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.
Proposed topics include: Read more…
Serving Pleadings on the United States Trustee
I was reminded yesterday that Local Bankruptcy Rule 2002-2(a)(3)(A) requires that any document exceeding 50 pages must be served non-electronically on the UST. I was “reminded” of course by the UST. The local rules can be accessed here.
Nov. 1st: New Median Family Income for Means Test
The U.S. Trustee Program has updated the Census Bureau’s Median Family Income Data and will apply the updated data to cases filed on or after Nov. 1st.
For the latest data required for completing Form 22A and Form 22C, please see here: http://www.justice.gov/ust/eo/bapcpa/meanstesting.htm
June 25, 2014 – Bankruptcy Program; San Fernando Valley Bar Association; the Metrocraft Program
One of the crucial points in a successful chapter 11 case, whether the debtor is a large business or a homeowner in chapter 11, is getting the court to approve the disclosure statement. The Central District has a form disclosure statement for practitioners to use so the process would seem to be simple. However, when one peruses the bankruptcy court tentative rulings, the judges constantly point out multiple deficiencies in the disclosure statements they are considering. The result? Attorneys have to incur the expense of re-doing deficient disclosure statements, losing time and having an unhappy client.
When judges review disclosure statements, they usually work from a list of factors culled together by a Georgia bankruptcy court some 30 years ago, In re Metrocraft. These factors help our judges determine if your client’s disclosure statement contains adequate information. The Bankruptcy Section has brought together Ron Bender, one of Southern California’s top attorneys in chapter 11 practice and Russell Clementson, one of the U.S. Trustee’s most experienced chapter 11 attorneys to talk about the Metrocraft factors, how the judges locally apply them and how the U.S. Trustee applies them. Any presentation including Ron Bender and Russell Clementson will have a lot of useful tips and guidance.
You should attend this program. The tips and guidance you will receive will improve your work product and will make your clients happier. The price is inexpensive, lunch is included and parking is free. No other bar association gives you so much for such little cost.
By the way, if you do not practice in chapter 11, perhaps you practice in chapter 7 or 13, the program is important for you. Learn what individual debtors in oversized chapter 11 cases (cases to big for chapter 13) go through so that you can better advise them.
If you are a creditor’s attorney, learn what the other side has to do and what you can do to protect your client’s rights.
Here are the particulars:
Date: Wednesday, June 25, 2014
Time: 12 noon to 1:15 p.m
Where: 5567 Reseda Boulevard, Suite 200, Tarzana, CA 91356
Cost:
Member $30.00
Non-Members $40.00
Member at Door $40.00
Non-Member at Door $50.00
Reservations: Contact Linda Temkin at the San Fernando Valley Bar Association
events@sfvba.org; Tel: 818-227-0490; Fax: 818-227-0499
US Trustee Publishes New List of Approved Banks
Chapter 11 debtors are required to close their bank accounts and open new ones once the case is filed. The new accounts must be only with banks “approved” by the UST. Attached is the most current list of approved banks, as of May 15, 2014. Having this “list” actually makes sense because the banks, in order to get on the list, must put up some sort of additional collateral or securities so that there is no risk to the estate if the bank fails. Unfortunately many banks appear to limit the debtors they will allow to open new accounts to those who will be class A customers, something most debtors are not, at least prior to the filing. The list can be accessed here.
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