Phone conference with trustee prior to 341?

[FreshLikeADaisy]

I just got the letter from the trustee telling me what he wants, and in addition to being firehosed with a list of 20 categories of docs he wants, the letter also said I had to attend a pre-341 telephone conference with him at _____ date and time. It just so happens I have a doctors appt I cannot change happening at that exact moment, so I called (and sent a letter) that I couldn't make it, but could attend a secondary time and date he mentioned.

In addition, when I googled him, I found a case where he went after some poor guy who made the mistake of putting his workman's comp check into a brokerage account. This Ch7 trustee insisted that once the debtor put it into a brokerage account the money was no longer exempt, and appealed it all the way up to Atlanta where he couldn't appeal it any more; every court found in favor of the debtor, and made it clear that it didn't matter what account the debtor placed exempt funds in, they were still exempt. But this trustee I have fought it tooth and nail. Ugh.

So here's the thing: I don't want to talk to this person. At all. I see no reason to talk to this person outside of the 341 if I have given him everything he has requested. But his letter said that if I don't attend this pre-scheduled phone conference in addition to sending in all these docs, it "could lead to the delay or denial of discharge in [my] bankruptcy case." Now, I'm not quite naive enough to believe that that is entirely true; there's nothing in the law or local rules (that I have seen) that requires any pre 341 telephone contact with me. But it's enough to make me unsettled: if you only saw the huge list of docs that he wants... ugh. He also wanted photocopies of my DL and SS card; I don't have my SS card right now (it may be lost) but I am a firm believer in redacting SSN on all documents; wouldn't being required to provide a photocopy of the social security card prior to the 341 (if I could) be a violation of my right to redact SSN on all documents submitted?

The other thing that bothers me about a pre-341 phone conference is that he can ask and do whatever he wants; it is not an actual hearing with witnesses. This *really* bothers me. A lot.

Anybody have to go through this? Any ideas on the phone thing? If it gets out of hand can I terminate the call? My current plan is to go ahead and call in, and to say as little as possible as if it were a 341, but any help would be appreciated. I'm going to go browse through title 11 to see if I can find anything one way or another, but any help would be appreciated. Thanks!

[emoney]

What does your attorney have to say about this?
emoney

[FreshLikeADaisy]

You're talking to my attorney now.

[HHM]

that that is entirely true; there's nothing in the law or local rules (that I have seen) that requires any pre 341 telephone contact with me.

That is not entirely accurate, you are required to cooperate with the trustee. Section 521(a)(3). "If a trustee is serving in the case...[the debtor shall] cooperate with the Trustee as necessary to enable the trustee to perform the trustee's duties under this title." That is a VERY BROAD provision and the trustee is given a very wide latitude in that regard.

I suggest you make arrangements to be on the conference call at the secondary date and time and see if your attorney can also get on the call.

As for the questions, you will not be under oath...So, if there are any "un-easy" questions, you can probably answer with, please ask me that question at the 341 meeting.

As for the SSN issue, you do have to provide that.

[FreshLikeADaisy]

Thanks HHM. I appreciate the clarification, even though I don't much like it. Unfortunately, due to lack of funds, I have no choice but to go pro se.

Regarding SSN, I do have to provide it specifically in two places: I have to present the card at the 341, and I had to file the Statement of SSN (Form 21) when I filed my voluntary petition. However, I do have the right to redact my SSN on other items offered, including tax returns. Found out today, though, that that is probably pointless; a quick search through Title 11 turns up several Committee Notes on the official forms, such as the following:

"Rule 2002 (a)(1) also is amended to direct the clerk to include the debtor’s full social security number and employer identification number on the notices served on the United States trustee, the trustee, and creditors. This will enable creditors to identify the debtor accurately. The copy of Official Form 9 included in the case file, however, will show only the last four digits of the debtor’s social security number. This should afford greater privacy to the individual debtor, whose bankruptcy case records may be available on the Internet."

In other words, I can redact all I like, but the court is really only interested in my right to redact when otherwise my SSN would be listed in full on a filing available online. The court plasters it all over anything available to creditors or the trustee anyway... pleh. Call me silly, I just hate giving it out, much less handing someone a photocopy of the card itself...

[Lindsay]

I've never heard of a pre 341 phone conference before. I don't think I've ever seen it happen to anyone on the boards. Can you call a clerk or visit the building and see if this is routine business for this trustee? Maybe he is a stickler and does this for everyone who files pro se.

[FreshLikeADaisy]

Maybe he is a stickler and does this for everyone who files pro se.

I think you're right, though the letter he sent made it sound like he sends it to every debtor, attorney or not. He also sent me this GONZO list of 20 categories of docs he wants, up front. It's normal for attorneys in my distict to file a "Certificate of Mailing" when they send off whatever docs to the trustee; I have only ever seen tax returns. I was SO not prepared for this. But I did get it all together and send it off today.

As for checking into it, I may very well do that, but not before the 341 (or the phone interview); the most I would do for now is ask him outright: since I am my own attorney, I can pretty much ask him anything as opposed to directing my inquiries to a third party. But for now, that's all I would do, because if I learn something I would rather not know, I don't want to carry it into a face-to-face meeting, nor do I want to worry unnecessarily.

At the end of the day, he carries the burden of proving he addressed my case fairly; if it gets out of hand all I really have to do is start writing letters. But since I literally have no assets and the worst he can do is move to dismiss my case (unlikely) or request an audit based on the suspected presence of fraud or abuse (also unlikely) I'm not entirely certain I care about his methods, as long as they're not too burdensome. I just care about the outcome.

[anonymuse]

I was thinking about whether it was because you are pro se.

What are the 20 categories of docs he wants?

[FreshLikeADaisy]

Anonymuse, I sent you a PM; I actually put the doc online in pdf format, but I'd rather not post the URL. Anyone who wants to see it is free to send me a PM; I just don't want it ending up in a search engine and maybe getting back to the trustee that I published his list of docs. Thanks!

[pitts48]

I filed a chapter 7 in Jacksonville, fl in july, 2007 and am dischared and closed. I also had a pre 341 phone conference with the trustee about a week before the 341 meeting. There was nothing to it, he asked if I had read the information about the alternatives to BK and reminded me to bring my S.S card, picture I.D., things like that. It's nothing to get worked up about. It seems to be standard practice here, my attorney told me I would be getting a letter from the trustee a week or so before the 341 about calling for a phone conference and not to miss it.