We recently filed a petition to convert our Chapter 13 to a 7. We filed the new petition in April and had creditors meeting on

Asked about 3 years ago - Toccoa, GA

May 23. Our attorney called to say that she saw our names on the docket for an apparent audit. From what I have read audits occur prior to creditors meeting. Is there a time frame when we do not have to worry about being audited?

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . You should be directing your questions to your attorney, but your assumption is incorrect. In the ND Georgia audits can happen before or after the 341 meeting. Because of the time they take, they are likely to occure after. You should be discussing the details with your lawyer.

    In answering questions on AVVO, the law office of Glen Ashman is not undertaking to represent you, and you should... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . Our case can be audited any time prior to a discharge. The reason a case usually gets audited before the 341 meeting is that when a Chapet 7 is initially filed, it goes straight to a pre-audit with the staff of the US Trustee's office. Since you had your case converted, it sounds like it got backed up and it may be that whoever was assigned to pre-audit your file put it off longer than usual.

    The B9I form setting your 341 hearing date sets out the schedule of activities in your bankruptcy. The last date to object is clearly stated under the section marked "Deadlines." After that deadline has elapsed, you should be ok, unless you failed to disclose assets in your petition.

    Hope this perspective helps!

  3. Brian Thomas Canupp

    Contributor Level 11

    2

    Lawyers agree

    Answered . As was previously stated an audit can occur at any time prior to closure of the case. It has been my experience that if you were facing a audit situation you would have had contact from an attorney from the Office of the Untied States Trustee either prior to the 341 or at the 341. As an attorney representing debtors if the UST has not made an appearance by the 341 I don't expect an audit.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  4. Theodore Lyons Araujo

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . The audit in question is a federal program that randomly audits accounts to see if there are material differences in the petition and the facts. these are conducted by a private accountant or the United States trustee.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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