Debtor Audits In Bankruptcy Cases Are Back
Yes, you read that correctly. Debit audits are officially back as of May 12, 2008. This is despite the fact that the panel trustee already examines the debtor, and despite the fact that the U.S. Trustee already reviews every petition filed with the Clerk. The new notice from the office of the U.S. Trustee, dated May 9, 2008, clearly states that the U.S. Trustee will resume debtor audits.
Isn’t the U.S. Trustee technically doing debtor audits when bringing 2004 Exam Subpoenas? Isn’t the U.S. Trustee already seeking tax documentation and proof of income through these 2004 Exam Subpoenas? Of course. However, they are not technically considered audits as mandated in Section 603(a) of Public Law 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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