Trustee meeting

[fireman32]

Just got my 341 date of 12/30 and with my court notice I got the name of my trustee and I have a few questions.

What is his role during my BK? Will he be watching every penny that I spend for the next 5 years?

Does he now take over what my lawyer was doing? Who do I ask questions to?

What do I need to bring to the meeting?

Sorry for all the questions.

[klandsb]

I am kinda new to all this too so this is what I know so far..
No he does not take the place of your attorney. You still communicate thru your attorney. The trustee is there to make sure the creditors get every extra penny you have to give them. They/the trustees collect your pmts and distribute the monies to the creditors.
As to what you take... You must take a photo id & ss card. I am going to take the documents I have copies of just in case she ask for something in advance. Everyone or I should say the majority say the 341 last less then 10 minutes but you never know that for sure. Every case is different. I have to meet with my attorney 1/2 hr before the 341 at the courthouse to go over the questions they may ask of me and what to answer is what I was told.
So I am sure others will chip in and give you some more advise..
Goodluck ... My 341 is next Monday Dec 7th.... nervous & anxious to get it over with

[lifelesson]

Hey you're right the 341 (Ch7) is nothing. You will spend more time picking what to wear to the 341 and parking then the meeting will take. As long as you have been honest you wont have anything to worry about. It comes and goes fast. Folks tend to go office /clean jeans casual. I choose to wear the shirt I had on the each time we meet with teh attorney. Once we get our discharge, anyday, I want to burn it.

[lrprn]

Just got my 341 date of 12/30 and with my court notice I got the name of my trustee and I have a few questions. What is his role during my BK?

Your lawyer remains your lawyer through the life of your ch 13 plan. Your trustee is watching out for the interests of your creditors throughout the life of your plan.

Will he be watching every penny that I spend for the next 5 years?

No, he won't. Most trustees will tell you or give you something in writing telling you what he expects to be notified about during the life of your plan. Most trustees will want copies of your tax returns each year, for example.

Does he now take over what my lawyer was doing? Who do I ask questions to?

Normally you will interact with the trustee only through your lawyer, and very rarely if at all after your plan is confirmed by the bk court. All questions are directed to your lawyer for the life of your plan.

You have four primary goals during your Ch 13 plan:
(1) You and your lawyer need to get your plan confirmed.
(2) You need to make every Ch 13 payment on time starting with the first within the first 30 days after filing without fail.
(3) Keep your lawyer notified quickly about ANY changes in your income or expenses after filing that could put making your Ch 13 payment or any asset payments in jeopardy.
(4) Do your very best to stay off your trustee's radar after confirmation by not drawing any unnecessary attention to your case

What do I need to bring to the meeting?

At a minimum, a form of ID with your picture on it (a drivers license is what most filers bring, or a passport) and your Social Security card. Some trustees require other items - your lawyer can help you with this, and usually you'll get something in writing from the trustee or the court about what to bring to court for your 341 as well.

Sorry for all the questions.

Hey, we all have a lot of questions at the beginning. Take the time to read through the stickys in this forum and others, and do searches too - chances are someone has asked the question you have before. You'll learn a lot about what to expect. Welcome aboard!

[walkthaplank]

Every district is different. I've learned that my district is very different than others in many different ways. But essentially the trustee is there on behalf of your creditors. The trustee may object to parts of your plan, if they do then your lawyer must either adjust his plan to the trustee's or litigate it in front of the BK court judge. Once your plan is confirmed you'll likely have to submit your annual tax returns, but as long as you make your payments on time you'll likely never hear from the trustee again until it is time for them to issue a final report prior to discharging your case. If your lawyer is decent and puts together a good workable plan it should be a relatively pain free process.

In my district the 341 is handled by the trustee's staff counsel. The trustee isn't there. My district holds the confirmation hearings later the same day as the 341 which means there is less dickering over time. Everything has to be ready to go that day. Either all of the trustee objections are satisfied, or your lawyer litigates that day.

Hopefully somebody familiar with your district will give you a better feel for what you should expect. Good luck!

[fireman32]

Thanks for the answers everyone. I feel a little more comfortable now. I just want this hearing to come and go already.

[fireman32]

Well I called my trustee to set up an appointment as required and they told me that they do this over the phone and takes about 10 to 15 minutes. I thought I would have to go into there office.