§341(a) Meeting of Creditors

The Bankruptcy Court schedules the 341(a) Meeting of Creditors. The Meeting is first scheduled between 20 and 40 days after the filing of the Chapter 13 petition. Debtors must appear in person with their attorney (unless debtors are proceeding without an attorney – self-represented) at the Meeting of Creditors. If your client requires an interpreter, please notify the trustee’s office at least one week prior to the hearing to ensure the hearing is held on the date scheduled by the U.S. Bankruptcy Court.

All documents are required by no later than 10AM Wednesday, the week prior to the scheduled §341(a) Meeting of Creditors. A Motion to Allow 341 with notice to all creditors will be required if the original 341 Meeting of Creditors scheduled by the U.S. Bankruptcy Court is not held.

Non-Business Debtor(s):

  • Last filed Federal Tax Return with all accompanying schedules and statements;
  • Pay Advices. Pay advices for 60 days prior to the filing of your bankruptcy, together with a current pay advice (dated after the petition filing date). If pay advices are not available for any portion of the required 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);
  • 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 via the Bankruptcy Documents secured site at www.bkdocs.us. 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. Exception for business cases only; bank statements should reveal the last four digits of the account number so that the accounts can be properly identified.

Business Debtor(s)*:

  • Completed, signed and dated Business Examination (Including “Your Responsibilities as a Business Debtor” and Profit and Loss Statement. (NOTE: Each page will need to be signed by Debtor).
  • Copies of the last two (2) years of personal and business (if separate) federal tax returns with all schedules and statements (including, but not limited to, Schedule 1, P&L Statement, 1099-MISCs, 1099-NECs, W-2s).
  • Copies of the six (6) months’ pre-petition business bank statements. Each statement should show the business name, last 4 digits of the account number, statement dates and include ALL pages. SCREEN SHOTS WILL NOT BE ACCEPTED.
  • Copies of the sixty (60) day pre-petition proof of income from all other sources.
  • Copy of current lease / rental agreement with debtor & tenant’s name, dates of lease, amount of rent, and signed by all parties OR rental receipts for the previous six (6) months.
  • Proof of current insurance for the business and/or rental property. The insurance should show the business name, account number, and dates of coverage. If Debtor does not have commercial coverage for their business, then Debtor should show the disclaimer on their personal insurance (i.e. homeowners / vehicle insurance) for such business.
  • Proof of registration with the State the business operates in (including, but not limited to, current license, permit, and/or certification).
  • If the business has been officially closed, the Certificate of Dissolution and Termination from the State of operation.
  • 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).
  • 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.