Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (2005), the USTP is authorized to contract with independent firms to perform audits of individual chapter 7 and chapter 13 cases. The purpose of the audit is to determine the accuracy, veracity, and completeness of petitions, schedules, and other information required to be provided by the debtor under sections 521 and 1322 of title 11.
The USTP is authorized to randomly designate for audit a specified uniform percentage of consumer bankruptcy cases per federal judicial district and to designate cases for exception audit in which the income or expenditures of a debtor deviate from the statistical norm of the district in which the case was filed. By statute, a debtor is required to cooperate with the audit.
Each year, by delegation from the Attorney General, the U.S. Trustee Program issues an annual public report on the aggregate results of the audits, including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported. These reports are available on the Reports & Studies
page of this Web site.
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» Important Notices
Notice Regarding Debtor Audits
The United States Trustee Program (USTP) has established procedures for independent audit firms to audit petitions, schedules, and other information in consumer bankruptcy cases, as authorized by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Pursuant to 28 U.S.C. § 586(f), the USTP contracts with independent accounting firms to perform audits in designated cases.
Due to budgetary constraints, in March, 2013 the USTP suspended its designation of cases subject to audit. Effective March 10, 2014, the USTP will resume the designation of cases for audit.
Tuesday, March 11, 2014 1:02 PM