This is the first Court appearance that you are required to attend. You, your attorney, and your creditors will be notified of this date once your petition is filed. At this hearing, you will meet with the Trustee or one of the Trustee’s staff attorneys, with your attorney present and any creditors that choose to appear. You will be asked questions, under oath, about your assets, your liabilities and the feasibility of your plan. If a petition was filed by two individuals jointly, both must be present. This meeting will be recorded. Copies of the transcript may be requested from the Trustee’s office for a fee.
If you are physically unable to attend the First Meeting of Creditors, you and/or your attorney, must file a motion with the US Bankruptcy Court and obtain an Order allowing a telephonic meeting. You should speak with your attorney for further information.
11 U.S.C. §341 (a) requires that the Office of The United States Trustee convene and preside at a meeting of creditors. The Chapter 13 Trustee and her attorneys, by designation of the United States Trustee, are required to conduct meetings of creditors. The Bankruptcy Code and General Order of the United States Bankruptcy Court, District of New Jersey, require that Chapter 13 Debtors submit evidence of income and most recently filed Federal Income Tax returns to the Chapter 13 Trustee prior to the 341(a) Meeting of Creditors. These requirements were enacted with BAPCPA amendments to the Bankruptcy Code. To enable the Chapter 13 Trustee to conduct a meaningful 341(a) Meeting of Creditors, the documents must be filed electronically on 13Documents at www.13documents.com. The following documents are requested at least 7 days prior to the first scheduled §341(a) Meeting of Creditors. If Debtors fail to submit the documents required to conduct a meaningful Meeting of Creditors, the Trustee may move to dismiss the case.
- Last filed Federal Tax Return with all accompanying schedules and statements;
- A completed “Declaration Concerning Tax Returns” (See, www.standingtrustee.com/forms);
- Sixty (60) days pre-petition pay advices (pay stubs) and one (1) current (post-petition) pay advice. If not employed, Debtors need to provide proof of income (this includes social security, unemployment, rental payments received, family contributions, etc.). If pay advices are not available for any portion of the 60 day pre-petition period, Debtors must file a completed, “Statement Concerning Pay Advices.” (See, www.standingtrustee.com/forms);
- If there is a Domestic Support Obligation, provide recipient(s)’ name, current address (es), and case number(s);
- A Comparative Market Analysis (CMA), Broker’s Price Opinion (BPO) or Appraisal with a conclusion on all property owned by Debtor(s), prepared within one year of the filing of the petition, and payoff statements for all liens on each property;
- All information on any pending lawsuit(s) (including, but not limited to, attorney’s name, nature of lawsuit, and the current status of the lawsuit); and
- HUD-1 for property sold within the two (2) years pre-petition or transferred within the six (6) years pre-petition period.
The Chapter 13 Trustee requires that all documents be uploaded on 13Documents at www.13documents.com. All documents filed should be redacted in accordance with Fed. R. Bankr. P. 9037 which states that all filers must redact: social security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers. One exception would be for business cases only; bank statements should reveal the last four digits of the account number so that the accounts can be properly identified.
Any Debtor, Non-Debtor Spouse, or significant other that is or was involved in a “business” within the two (2) years prior to the filing of this bankruptcy proceeding (this includes independent contractors, real estate agents or brokers, and landlords).
- Completed and signed Certification of Business Debtor for EACH separate business (see www.standingtrustee.com/forms). Please note that there are separate Certifications for Active Business, Closed or Inactive Business; Independent Contractor or 1099 Employee; Landlord (Rental Income); and Real Estate Agent or Broker;
- Copies of the last two (2) filed Federal Tax Returns, along with all supporting schedules and statements (including W-2s and 1099-Misc);
- Copies of Bank Statements for all accounts in the name of Debtor, Co-Debtor, Non-Debtor Spouse, Significant Other, and/or Debtor’s business for the one year preceding the filing of the voluntary petition. (Statements should include all pages and contain the account holder’s name, address and last four digits of the account number);
- Profit and Loss Statements (P&L) for the one year preceding the filing of the voluntary petition (see www.standingtrustee.com/forms);
- Copy of current Insurance Declaration Page for any active business (i.e. CGL, Worker’s Comp, E&O, Malpractice Insurance, etc.) NOTE: IF BUSINESS IS ACTIVE, THEN THE INSURANCE DECLARATION PAGE WILL BE REQUIRED NO LATER THAN 24 HOURS AFTER THE FIRST SCHEDULED 341(a) MEETING OF CREDITORS;
- Copy of current License and/or permits in accordance with www.nj.gov/njbusiness/licenses and in accordance with requirements of the Municipality and County in which the business is located;
- Copy of current Rental Agreements, Mortgage Payoffs, CMA w/conclusion and Insurance Declaration Page for any real property currently being rented;
- Such other documents as may be required to assist the Trustee in completing her investigation of the acts, conduct, assets, liabilities, and financial condition of the Debtor(s), the operation of the Debtor(s)’ business, and the desirability of the continuance of such business; and
- If any of the above documents are unavailable, provide a Certification indicating the unavailable document and reason why it is unavailable.
All Debtors, business and non-business:
Documents required on the day of the §341(a) Meeting of Creditors:
- Valid photo identification (US, State or County issued ID);
- Proof of social security number (SS card; W-2; 1099; or statement from SSA with full number); and
- Original ink-signed petition.
*If the Debtor(s) (or any member of the household, including, but not limited to, Debtor’s spouse or significant other) is/was engaged in a business within the last two (2) years prior to the voluntary petition, Debtor should ALSO provide the same documents pertaining to the business entity. (This includes rental properties, landlords, 1099 employees, or any business which closed within the last two (2) years.) NOTE: DOCUMENTS THAT ARE SUBMITTED LATE MAY DELAY THE 341(a) MEETING OF CREDITORS AND ALSO THE CONFIRMATION OF DEBTOR(S)’ PLAN.