Trustee Requests in Central CA District

[90254bk]

Hi all, I filed pro se Ch. 7 on 5/19 in the Central CA Court (Los Angeles). I have read lots of helpful posts here about how I have to send the trustee my last year's income tax return 1 week before the 341 meeting, but I don't know if I should just send it to the trustee without being asked, or if the trustees in Central CA send out a letter requesting information. Most other districts seem to indicate that trustees communicate directly via letter prior to the 341, but I can't find this information specifically for Central CA. Thanks in advance for any input.

[justbroke]

Best thing to do is go to the Trustee's website and find out. Or, call the Trustee's website. Somethings go unspoken. It's always best to error on the side of caution.

[HHM]

You MUST send it. That is the default requirement. It is actually written in the BK code. 521(e)(2)(A)(i).

Send the most years tax return or your case gets automatically dismissed.

[Goldfish]

Hi,

I just went through this having my 341 in LA yesterday.

This is what I believe: it is only because I had a "nice" trustee that I received a "courtesy notice" to remind me that I had my 341 meeting in less than a week and they have not received my most recent federal and state tax returns.

I had already submitted by US mail then by fax a copy of my federal return. I was surprised they wanted state as well.

It is a requirement that you send your most recently filed tax return to the trustee within 7 days of the meeting.

It is not a requirement that they send you a courtesy notice about it.
That is why I thanked my trustee for sending me the courtesy notice. It is only that-- a courtesy. Make sure you send it in. They really could have simply dismissed my case.
I recommend getting their fax number, and act promptly!

gf, gh, jb #2

[90254bk]

Thanks everyone for your quick replies and help. I knew that filing the return was necessary, I was just particularly curious if I was to get a notice from the trustee and respond to it. So, thanks to goldfish, I know that in Central CA, I am responsible to act on my own, and not to expect a notice, exactly what I was wondering.

I will call my trustee's office Monday morning and ask specifically what she wants from me and how I should best deliver it - mail, certified mail, fax, in person - or all of the above .

I see on PACER that there are 15 people scheduled for my hour at the 341 meeting on 6/29, just 3 of us pro se. I am hopeful that my meeting goes as smoothly as yours and that it stays well under the 4 minute average they seem to be preparing for.....

[Goldfish]

Hi 90254bk,

Just a couple of perhaps useful pointers.

-- Public Counsel is available Mondays and Wednesdays 10-2 at the bk courthouse. The person who heads it (Maggie) has been helpful. The others there seem to be volunteers. I insist upon Maggie. She practices bk when she's not working there.

-- I went to a 341 meeting prior to having my own to get the flavor of it. (And make sure I knew where I was going.) I asked Maggie whether I could determine my trustee's schedule; she told me that info was not available; so I attended a meeting of a different trustee. Doing this eased my mind greatly-- to see how boring it was.

-- Maggie was able to tell me that she was pleased that I got the 'nice' trustee I did get. So perhaps she would know how your Trustee works; maybe it's even mine.

-- Regarding taxes, I purposely filed the 2009 federal return, even though I took it to be unnecessary, just to establish how little income I received in 2009. Since my courtesy notice asked for state as well, I faxed over the CA Resident Income Tax Return which I prepared but did not submit to the Franchise Tax Board. And supplied the tax preparation instructions showing that I was not required to file.

-- I had imagined that they might ask me all kinds of questions, such as 'what was the reason I needed to file'. Unemployed. Are you looking for work? Did you find employment? How did I support myself? I was asked nothing at all about any of that. There was not one question posed which was personal to my case. The mood was, 'I'm tired, I'm hungry and want to get this done quickly as possible.'

-- They will ask you whether you've read the little green brochure at the Trustee meeting room. You must say 'yes'.

-- If I were you, I would do what I did. [This is an extremely philosophically interesting statement. I will actually reflect on it. Nested counterfactuals. And we can't properly understand how to interpret simple counterfactuals.]
Meaning, as me, I would try find out who my trustee is to see what to expect.

-- At Public Counsel they give you some lists of things to make sure you've covered. (Can't locate it right now, but I'm sure it's on this forum.) E.g. you must have your social security card and driver's license. It's the little tiny, tiny things that can/will upset the process.

-- So, I suggest that you can bring your papers to Maggie; ask her to look at them; ask her whether there are any potential issues which might arise.

goldfish

[Goldfish]

A silly little additional thing; I was happy to be about last in the line-up at the 341 (which as pro se you know we are) because then I got to see the Trustee in action; and everyone's so thoroughly bored by then.

Another detail: My trustee required that anything faxed must not be over 10 pages.

gf

[90254bk]

Thanks gf, very helpful. I think I'm up to speed on "the little things," but it never hurts to be overprepared, so I will go check out the Public Counsel. I was going to go watch my trustee in action on 6/16, I see she has a full slate of 341s that day so that might help put my mind at ease. Since I intend to be downtown on the 16th anyway, I might as well visit the Public Counsel in the morning, then hop over to Figueroa to watch my trustee.

[Goldfish]

Sounds like a plan.

[freeatlast98]

Hi all, I filed pro se Ch. 7 on 5/19 in the Central CA Court (Los Angeles). I have read lots of helpful posts here about how I have to send the trustee my last year's income tax return 1 week before the 341 meeting, but I don't know if I should just send it to the trustee without being asked, or if the trustees in Central CA send out a letter requesting information. Most other districts seem to indicate that trustees communicate directly via letter prior to the 341, but I can't find this information specifically for Central CA. Thanks in advance for any input.

Just a question is Central CA, Woodland Hills?

[90254bk]

Woodland Hills is still in the Central CA District, but uses the San Fernando Valley Courthouse (in Woodland Hills). It all goes by zip code. For my zip, 90254, I use the Downtown Los Angeles Courthouse.

[Goldfish]

I met with one bk lawyer in Woodland Hills (law firm name removed by moderator). For a free one hour consult. I met him at his beautiful home in the hills. They were a rare place to actually get a consult without going through the paralegal bk mill process; where your 'free consult' is actually a paralegal just asking you for numbers.

Simple answer, 'yes'. Woodland Hills serves Central LA. I would recommend (law firm name removed by moderator). They have a long bk history; they are not a mill. This young man's father who maybe started the business died fairly recently. Even the secretary knows her stuff. Totally small operation, but with a steadfast history.

I really think it was about the only place where I got a 'free' consult. I know people who are going through the 'mills'.

There are two lawyers in the end I would have hired if I could have afforded it.

Note:
To my understanding you can't get a $299 filing fee waiver if you have a lawyer. The trustee thinks, if she can afford that, why not my fee? They only get $60 from the filing fee if you have no assets they can disburse.

One lawyer I've spoken to didn't know that Trustees are on commission. I educated him to this fact. He was surprised to learn of why the Trustees just want to sell some assets, and were hostile when there was nothing to sell.

Very importantly: At your 341, here in LA, your lawyer sits mute at one table, while you are recorded at another table. They do nothing-- at least in my simple, simple case.

gf

[Goldfish]

When you get to Public Counsel, expect to wait at least 30 to 45 minutes outside. It is a federal building; it's almost worse than the airport. Everyone has to wait to go through security clearance in the same line, no matter what they are there for; immigration or what-have-you.

You will be going through security clearance on the first floor headed to the left on the first floor. Last time I was there, there was a fire alarm when I finally got in. Everyone had to vacate the [9 story?] building. Give yourself time for that.

As I recall, there was no security clearance at the Trustee building.

gf

[freeatlast98]

Woodland Hills is still in the Central CA District, but uses the San Fernando Valley Courthouse (in Woodland Hills). It all goes by zip code. For my zip, 90254, I use the Downtown Los Angeles Courthouse.

How do I do I find out what courthouse I should use? My zip is 91343

[90254bk]

freeatlast, go here: http://www.cacb.uscourts.gov/. It's the Central CA District Bankruptcy Court main page. Click on "locations," then "zip search." Type in your zip and it will tell you where to go. As an aside, I recommend you get very familiar with the website, it is full of important procedural information such as local court rules and forms.

Goldfish, thanks again for the help. Very informative and useful information.