341 Meeting

Unless the Court orders otherwise, a debtor must appear and be examined under oath at a meeting of creditors. The debtor, joint debtor, and attorney must attend this hearing while creditors may elect to attend. Meetings of creditors are no longer conducted in person, unless there is specific notice otherwise. Meetings are conducted by video (Zoom) or by telephone.

 

Before the meeting, the Trustee will review the petition, statement of financial affairs, and schedules with the debtor to ensure accuracy. Any immediate issues which may impact the confirmation of the debtor's chapter 13 plan will be addressed. Finally, creditors will be provided the opportunity to question the debtor. 

 

Debtors may have to attend another meeting of creditors if they fail to provide any of the following:

 

Documents Required at the Meeting of Creditors to Verify Identity

Proof of valid photo identification (ex: Driver's license, Passport, or Resident Alien Card).

Proof of social security number (ex: Social Security Card, Original W-2, or Medical Insurance Card with Full SSN).

 

*Original proof of Photo ID and SSN are required. Copies are not accepted.  

*Tax returns are not accepted as proof of SSN, though a tax document (e.g., a W-2) might suffice.

 

Documents Requested at Least 10 Days Prior to the Meeting of Creditors

       Trustee's Questionnaire (debtors without an attorney also need to complete the Pro Per Questionnaire).

Two recent and consecutive paystubs after the petition date.

Copies of most recently filed personal income tax returns.

Any bank statements for the month of the case filing and the month before filing.

 

*Except for the Questionnaires, provide copies of documents, not the originals.

*Please black out all but the last four digits of any social security number.

 

For debtors represented by an attorney, the debtors are to provide the above documents through their attorney. Then the attorney will submit the documents through the Trustee's document portal. Unrepresented debtors will have to establish access to the document portal by registering for access at Bankruptcy Documents | Login (bkdocs.us).

If you have a question about a meeting of creditors, email jmartinez@ch13bk.com or dsmith@ch13bk.com.

 

 

To request a sign language interpreter, or assisted listening device for the meeting of creditors, contact Ms. Lana LeDuc at the Office of the United States Trustee by calling 602-682-2609. Please make the appropriate arrangements no later than seven business days prior to the meeting.

 

Alternatively, you may choose, at your expense, a qualified interpreter to assist you. The trustee and the trustee’s employees may not serve as interpreters. You may not use family members, friends, your attorney, or your attorney’s employees as interpreters.

 

Local Rule (L.R.) 2003-1

Meeting of Creditors

(a) Continuance, Consolidation or Change of Location.   Any request to continue the meeting of creditors, to consolidate the meetings of creditors in several cases, or to change the location of the meeting of creditors shall be directed to the United States Trustee in chapter 9 or 11 cases or to the case trustee in chapter 7, 12 or 13 cases.  If the trustee grants the continuance, the movant shall immediately file a notice of the new date, time, and location, and serve that notice on all creditors and parties in interest on the master mailing list, and file a certificate of service.

(b) Waiver of Appearance.  A motion to waive the appearance of a debtor shall be filed with the court and state with particularity the reasons for the waiver and include a statement that the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12, or 13 case, has been contacted and if the United States Trustee or case trustee has an objection to the waiver.  In addition to the motion, the debtor must provide to the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12 or 13 case, a copy of the debtor’s identification documents along with a notarized affidavit attesting to the authenticity of the copied documents and the identity of the debtor.  The party filing a motion to waive the appearance of a debtor must serve copies on the case trustee, United States Trustee, and any party that filed a notice of appearance.  The case trustee and United States Trustee shall have seven days to respond to the motion.  In the event the debtor has moved out of the jurisdiction and cannot attend the meeting of creditors, a waiver will not be granted in those cases where the debtor can appear at the local office of the United States Trustee and make a telephonic appearance.