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Bankruptcy Fraud
Filing a Complaint with the U.S. Trustee

 


U.S. Trustee Program

 

The U.S. Trustee Program is a division of the Department of Justice. The purpose of the Trustee Program is to police the bankruptcy system from fraud, including and especially fraud committed by bankruptcy trustees that administer debtor's cases.

The first thing you need to know is that a bankruptcy trustee is not a government employee. They regular people on a contract. They get paid a percentage of each bankruptcy case they administer.

Many activist working toward bankruptcy reform, have been sounding the alarms about the abuses committed by the contract workers, who has an incentive and all power to commit fiduciary abuse.

This page will help fraud victims know how to file a criminal complaint and what your options are if you are denied justice.

 

Blue Bar

 

Knowledge is Power

 

Q: What is the U.S. Trustee's Office?

A: The United States Trustee Program is a division of the U.S. Department of Justice. It has been around since the Great Depression. It was signed in to law for the purpose of being a watchdog against bankruptcy trustees preying on debtors.

The U.S. Trustee is responsible for overseeing the administration of bankruptcy cases and private trustees under federal code 28 U.S.C. §586 and 11 U.S.C. §101, et seq. See the DOJ's statement of what is the U.S. Trustee's mission.

 

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Q: What are they suppose to do? How are they different from the FBI?

A: They are supposed to be the enforcers in the bankruptcy system to keep everyone, especially bankruptcy trustees, operating honestly. The public is supposed to turn evidence over to the U.S. Trustee to investigate.

 

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Q: Where do I find my local U.S. Trustee?

A: The Program consists of 21 regional U.S. Trustee Offices nationwide and an Executive Office in Washington, D.C. Find the federal courthouse for your jurisdiction and the U.S. Trustee will be located there as well as the bankruptcy system.

 

 

Suggested Viewing

September 2007

Below are other pages on bankruptcy topics that other viewers found helpful.

 

Breading Ground for Corruption

A good place to start for bankruptcy fraud. This page has commonly asked questions with answers.

 

 

The Five types of BK trustees

A synopsis of the types of bankruptcy trustees and the things they can and should not do.

 

 

Judges Admit Fraud

Detailed study of the bankruptcy system reveals judges admitting they are aware lawyers and bankruptcy trustees are scamming debtors.

 

 

How to Sue a Trustee

WJFA's volunteers have a bevy of tips to help you navigate the legal system, including how to sue a trustee.  The support group may be able to help.

Filing a Criminal Complaint

 

Remember when filing a complaint, include the following:

1. Keep your original documents. Make copies for the complaint;

2. Write a cover letter to the U.S. Trustee briefly describe the crime you are reporting;

3. Make a complaint sheet listing the crimes being reported and cite the evidence attached. Number each piece of evidence. Also, include a witness sheet with contact numbers and a brief description of what the witness will be able to tell the investigator;

4. If you mail the packet to the U.S. Trustee, send it certified return receipt. This way, some one in the U.S. Trustee's office has to sign for the evidence and you have a record of receipt;

5. Read the policy and procedure manual for how a U.S. Trustee is supposed to handle the person filing the complaint, and how they are supposed to handle the evidence; and

6. Leave all emotions out of the complaint. Have a disinterested party review your complaint to edit out any inflammatory remarks, hysteria, false accusations, or name calling. If you don't have anyone, ask the WJFA forum group to help you. They have been in your shoes.

7. If you need help with the format, need to see how it should look, please go to our help section for filing a criminal complaint.

 

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Protect Yourself

Read the enforcement manual before you file a criminal complaint to make sure your complaint doesn't end up in the same black hole that other victim's complaint and evidence have gone.

The enforcement manual provides details of what the U.S. Trustee is supposed to do when receiving evidence that a crime is or has occurred in the bankruptcy system, especially if it's a Bankruptcy Trustee committing the crime.

The other manuals will help you understand the role of a bankruptcy trustee and help you identify if they are complying with the law.

 

U.S. Trustee's
Bankruptcy Policy and Procedures Manuals

 

US Trustee Program

 

US Trustee Appendix 1

 

BK Fraud & Enforcement

 

US Trustee Policies

 

Chapter 7 Administration

 

Chapter 11 Administration

 

Chapters 12 & 13 Administration

 

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