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Trustee requests prior to actual 341 meeting
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You might call the trustee's office and ask them if they require you to respond to a questionnaire and bring certain documents with you to the 341, or provide them to the trustee prior to the 341 date. Here in Nevada we have to provide copies of the past two years' tax returns, 4 months of statements for all bank accounts which must include the exact date of filing BK, and some trustees require that the debtor's answer a questionnaire that they provide (this keeps the 341 meeting shorter since they don't have to ask these questions again.)
--WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship.
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I'min Ca, and it seems the trustees here dont require as much as in some parts of the country. If you have a good BK attorney, he should know what is customary for the trustee of your district to ask for. Mine asked for it to be brought at my consultation., but it was minimal.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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We're in the Middle District Florida. We were required to attend a telephonic pre-341 hearing held a week prior to the actual 341. This served as a 'dress rehearsal' for the actual 341. At that time, we were told to bring a copy of our Marriage License with us to the actual 341. We use different surnames and had been married in SC, so that is why I suppose the trustee wanted it.
The telephonic pre-hearing seems to be only a Florida requirement, but not always."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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This is what my trustee asked me to bring to the 341 meeting:
copies of my tax returns for the previous two years.
copies of all bank statements showing balances on the date of filing.
copy of my driver's license and social security card enlarged 150%
copies of receipts for what he called "extraordinary" expenses in the past year. This turned out to be anything over $600.00, but they didn't actually want to see the receipts. (I only had 2, and they weren't questioned.)
copies of all insurance policy declaration pages.
copy of proof of income for the 6 months prior to filing.
everything in duplicate. (it turned out they only wanted one copy.)
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Mine sent me a letter and only thing on it was I had to mail them a copy of my most recent tax return. Lucky to be in California, I guess.11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10
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There's some requirement to provide latest tax return in advance and maybe recent pay advices or something like that. I wrote to my trustee twice asking what they wanted, never heard back, and at the 341 they didn't actually want anything. I had pulled together some recent bank statements, older taxes, etc., too, in case they asked, but they didn't, so I didn't volunteer them. They can be interested in titles and deeds for the kind of property that has such. If you have an attorney, of course ask them, and if you're pro se you can still call the trustee's office and ask.
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In Nevada each debtor is required to answer a chapter 7 trustee questionnaire and provide the requested documents via US Mail (or e-mail if permitted by the Trustee) no later than 10 days prior to the 341 Meeting of creditors. I've always gotten them at least 7 days before since that's what the BK rules say, although our local BK rules specify 10 days.
There are some attorneys that bring them with them and it just delays the issuance of the discharge when the trustee delays to review them.
Our Nevada questionnaire is available in a PDF at http://bit.ly/bkLhtx .
--WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship.
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BKdefender,
thanks for the post; good information. But I got to tell you, Nevada is not playing around. The information the trustee wants prior to the 341 is like filling out second Bankruptcy petition.
I live in California, and I sure hope the trustee's here don't ask for that much information. I spoke to my attorney, and all he needed was my 2007 and 2008 tax information, and the last six months of paycheck stubs prior to filing. It appears thats all the trustee wants from us...but my attorney said that is subject to change...hopefully, they wont need or want any more info. If they don't ask, I am sure as hell not going to volunteer anything.
Potsie834Filed BK7 on 1/16/10:
341 on 3/16/10 (No Asset)
Discharged 5/17/10 (Fresh Start)
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My 341 meeting is a week from now. I'm in SE Michigan. I haven't received notice of the trustee wanting any additional documents. When I filed 3 weeks ago, I just had to include 2 years' tax forms and 2 months' bank info. As I was self-employed, I expected the trustee to want to see more documents. I'm going to check with my lawyer tomorrow, but should I assume my trustee won't want to see anything else since the 341 meeting is only a week away?
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At least, make sure you can actually find documents they may ask for, in case you need to order copies now. While a paralegal or something may have looked it over, the actual trustee may not even have much looked hard at your case before the 341, and there may be something particular to your case that catches their interest then. It's a small deal to have your 341 continued but it'd be nice not to discover at that point that you've misplaced a title or a valuation or statements from some overseas bank account or whatever.
(For instance, I wasn't sure where my 2007 taxes were, so when I filed I also ordered transcripts from the IRS.)
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Originally posted by albacore44 View PostI'min Ca, and it seems the trustees here dont require as much as in some parts of the country. If you have a good BK attorney, he should know what is customary for the trustee of your district to ask for. Mine asked for it to be brought at my consultation., but it was minimal.File BK7: Jan 4, 2010
Reschedule 341: Mar 16 2010
Discharged: Apr 22 2010
Closed: May 6, 2010
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in NJ it's posted on the local Bankruptcy Court's website that you must bring ID and SS card to the meeting and turn in last tax return 7 days prior to meeting but no bank statements or paystubs (I will have those anyway just in case)
my letter said if I don't bring ID and SS card my case might be dismissed so there is a fair warning
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