August 31, 2010

Is the United States Trustee an Attorney?

A San Diego Bankruptcy Attorney discusses the United States Trustee an Attorney?

Who is the United States trustee?
The United States trustee for the Southern District of California is Tiffany L. Carroll.

What does the United States Trustee do?
The United States Trustees Office is a division of the United States Department of Justice who are responsible for the overseeing and administration of bankruptcy cases and private trustees.

What is a “private trustee?”
A private trustee is the person who would ask you questions at the 341 hearing. This person is often believed to be, in error, the United States Trustee herself. There are actually about a dozen or so “private trustees” hired by the United States Trustee’s office to manage the individual cases. The United States Trustee for each district (here, that’s Tiffany L. Carroll) manages these “private trustees” and oversees the administration of all bankruptcy filings in the district.

What area does this district include?
The San Diego area is considered District 15 (out of 21 total) and includes “the Southern District of California, the District of Hawaii, the District of Guam and the Commonwealth of the Northern Mariana Islands.”

Is the United States Trustee an Attorney?
Yes. Ms. Carroll has served as Assistant U.S. Trustee heading the U.S. Trustee Program’s San Diego office since October 2005. She joined the Program as a Trial Attorney in the San Diego office in 1991. Ms. Carroll received her law degree from Seattle University School of Law in Tacoma, Wash., and her undergraduate degree from Pitzer College in Claremont, Calif. She received the Executive Office for U.S. Trustees Director’s Award for Excellence in Legal Advocacy in December 2000. She is a member of the State Bar of California.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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August 10, 2010

Mandatory US Trustee Meetings

A San Diego Bankruptcy Attorney Mandatory US Trustee Meetings

The United States Trustee Program (USTP) basically manages all the cases for the bankruptcy courts. The USTP is a sub-agency of the Department of Justice. There are a few US trustee meetings which transpire during a typical bankruptcy filing. If your case is Chapter 7 liquidation, only one of the typical US trustee meetings need attending: the so-called “341(a) hearing.” This is the first meeting of creditors – though creditors hardly ever show – and is basically just a vehicle for the trustee to confirm your identity and ask a few questions to make sure you understand your options under the law. The second of the common US trustee meetings is the confirmation hearing. This is a hearing, exclusively, for Chapter 13 debtors, where the repayment plan is approved. Any number of other US trustee meetings can convene. There are requests for relief from the automatic stay, modifications to the plan, motions to strip a lien, etc. In any event, if you have an attorney, the US trustee meetings are simply a matter of protocol and must occur, yet should not be a source of consternation or worry.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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July 14, 2010

Who is the Bankruptcy Judge for San Diego?

A San Diego bankruptcy lawyer addresses: Who is the Bankruptcy Judge For San Diego?

Generally, people who file for bankruptcy never see a bankruptcy judge. There is a required 341(a) hearing convened wherein your identity is confirmed and your Social Security number shown to the trustee who manages the case for the court, but this does not take place before a bankruptcy judge nor does it even – in San Diego, at least – take place in an actual courthouse. The 341 hearing in El Centro does occur in a courthouse, but, again, there is no bankruptcy judge present. The courtroom is just a convenience (and air-conditioned!) location for the hearings to take place. Nonetheless, at the Jacob Weinberger U.S. Courthouse, located at 325 West F Street, San Diego, 92101, there are five bankruptcy judges. They are Chief Bankruptcy Judge Peter W. Bowie and Bankruptcy Judge Louise DeCarl Adler, Margaret Mann, James Meyer, and Laura Taylor. The list of who is a bankruptcy judge for San Diego can be found at their website: click here.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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July 13, 2010

What is the Name of the US Trustee in San Diego?

A San Diego bankruptcy tells you:

What is the Name of the US Trustee in San Diego?

The US Trustee for San Diego is Tiffany Carroll. The US Trustee, managed by the Department of Justice in Washington D.C. ,has a website that lists the US Trustee for all twenty-one (local) regions. That website is http://www.justice.gov/ust/index.htm. There are many other bankruptcy-related topics on this website, too. Specifically, look for information about the Means Test as well as the links to the Credit Counseling and Financial Management courses that must be taken prior to the granting of a discharge. Keep in mind that the US trustee – and Ms. Carroll specifically – is not the manager of your case. This job belongs to a local trustee hired/assigned to your case by the US Trustees’ office. The federal US Trustee primarily investigates errors and omissions within your paperwork. Occasionally, a “bankruptcy analyst” is assigned to a case to audit it for correctness. They also track bankruptcy statistics.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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July 9, 2010

Where is US Trustee’s Office in San Diego?

A San Diego bankruptcy lawyer fills you in on the location of the US Trustee’s Office in San Diego?

Physically, and if you were to mail something to them, the US Trustee’s Office in San Diego is located at 402 W. Broadway, Suite 600, San Diego, CA 92101. Online, the US Trustee’s Office in San Diego is found at the following link: http://www.justice.gov/ust/r15/san_diego/index.htm. San Diego is considered the 15th region (there are 21 total regions). The US Trustee’s Office serves not only the fifty states, but also Pacific territories. In fact, the 15th Region US Trustee’s Office (the one that serves us in San Diego) also serves Guam and the Commonwealth of the Northern Mariana Islands. For the most part, one need not visit the US Trustee’s Office during a bankruptcy. Proceedings either take place in court, or, more commonly, the 341(a) takes place in an office building. In this sense, the US Trustee’s Office comes to you (or rather meets you at a neutral site).

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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June 17, 2010

Who is the US Trustee for San Diego?

A San Diego bankruptcy attorney tells you Who is the US Trustee for San Diego?

The US Trustee for San Diego is Tiffany Carroll. The US Trustee, through the federal Department of Justice, maintains a website which catalogues who the US Trustee is for each of the twenty-one regions. The DOJ/US Trustee website is http://www.justice.gov/ust/index.htm. Other important bankruptcy information can be found at this website, too, including information related to the Means Test and links to the Credit Counseling and Financial Management Courses. Remember, the US Trustee is not the actual person who manages your case – that is the “local” trustee. The US Trustee essentially assigns the case to the “local” trustee and also manages a team which investigates inconsistencies within the bankruptcy petitions assigned to their region.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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June 15, 2010

What is purpose of the US Trustee?

A San Diego Bankruptcy Attorney discuss the purpose of the US Trustee?

The purpose of the US Trustee is two-fold. The first purpose of the US Trustee is to investigate red flags within petitions. This might include suspicious use of charitable contributions within the Means Test (so as to “qualify” an otherwise-unqualified debtor for a Chapter 7) or an inconsistency between your reported income and your taxable income. The second purpose of the US Trustee is to manage the “local” trustee and their work. That is, when a typical Chapter 7 or Chapter 13 is filed, the US Trustee hires a local bankruptcy attorney to operate as the case manager for the case. This secondary or local trustee will question you at the 341(a) hearing and it is their job to take and sell non-exempt assets for the benefits of your creditors. The purpose of the US Trustee, then, is almost more ceremonial than functional, because the actual US Trustee is never seen. Of course, this does not apply to the US Trustee’s office, which handles a large volume of cases, and does so quite effectively.


If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

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At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

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