Please select a topic to view frequently asked questions.
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My client and/or I will not be able to appear at the meeting of the creditors. Can you continue the matter to another date?
If PACER reflects a certain date for the meeting of the creditors and/or a continued meeting of the creditors, the debtor is required to appear at the meeting and continued meeting of the creditors. A debtor who is represented by counsel must appear with counsel. If the debtor or the debtor’s attorney fails to appear, the meeting will be continued. If there is no reason for the non-appearance or the reason in the trustee’s opinion is insufficient, the trustee may file a Motion to Dismiss the debtor’s case based on failure to appear and unreasonable delay.
My client has produced all of the documents that the trustee has requested. Must he appear at the continued meeting of the creditors?
If the debtor has provided the trustee with the requested documentation, Counsel must confirm the 341 meeting is concluded. If the meeting is not concluded or the hearing officer needs to review these documents with the debtor, debtor and debtor’s counsel must appear at the continued meeting of the creditors. A debtor who is represented by counsel must appear with counsel. If the debtor or the debtor’s attorney fails to appear, the meeting will be continued. If there is no reason for the non-appearance or the reason in the trustee’s opinion is insufficient, the trustee may file a Motion to Dismiss the debtor’s case based on failure to appear and unreasonable delay.
What proof of debtor identity and social security number should I have my client bring to the meeting of the creditors?
Each individual debtor must present original government-issued photo identification and confirmation of the debtor’s social security number. Acceptable forms of picture identification include: driver’s license, US government ID, state ID, student ID, passport (or current visa, if not a US citizen), military ID, resident alien card, and identity card issued by a national government authority. Acceptable forms of proof of social security number include: social security card, medical insurance card, pay stub, W-2 form, IRS form 1099, and Social Security Administration statement. At the discretion of the standing trustee, copies of a W-2 form, IRS form 1099, or a recent pay stub may be accepted. A meeting of the creditors cannot be held without valid photo I.D. being presented. If an acceptable form of picture identification is not provided, the case will be continued to another date and time and the debtor and attorney will have to return for a subsequent meeting. If the debtor provides no proof of social security number, the meeting will be continued until proof can be provided. If no proof can be provided of either the photo I.D. or social security number within a reasonable time, the Trustee will move to dismiss the case for unreasonable delay.
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I have received a request for documents from the trustee. How should I deliver the documents to the trustee’s office?
The Trustee’s office accepts documents using BK Documents, a secure documents transmission portal. Documents can only be uploaded through a secure documents portal located at www.bkdocs.us. Documents must be submitted in pdf format. No other format will be accepted. Each document should be redacted to eliminate any personal identifiable information (PII).
My client does not have the documents requested in the trustee’s document request. What should they do?
The debtor can only deliver documents that the debtor has in his possession or under his control. Some documents, such as tax returns, must be provided, and the debtor is required to obtain those documents from whatever source is available.
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After the claims bar period expires, the trustee’s office will mail the TRCC to you and your client(s) and all creditors listed in the case. TRCC will be based on the claims register from the court and any conformed proofs of claim received by the trustee. The TRCC will list all creditors who have filed claims, all creditors listed on the schedules who have not filed claims, and the amount of each claim. You should review the TRCC promptly and carefully. All filed claims listed on the TRCC, including duplicate claims, late-filed claims, or claims which were discharged in a prior Chapter 7 case, will be paid by the trustee unless you successfully object to the claim or the creditor amends or withdraws the claim. The Trustee typically will file an objection to duplicate claims
The TRCC states the debtor’s plan is underfunded. What does this mean and how can this be resolved?
If a plan is underfunded, it means the Trustee has determined based on the claims filed and the allowance of those claims, as well as the proposed plan payments, results in insufficient funds to pay the required claims in full. The debtor can file a modified plan to cure the underfunding. If the Trustee files a motion to dismiss because the debtor failed to file a motion to modify the plan to cure the underfunding, the debtor can propose an agreed order changing the payment plan terms to resolve this issue without filing a modification. As long as the debtor can provide adequate assurance of future feasibility, and without affecting the unsecured creditors, such agreements can be approved.
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I think my client has made their last payment. How can I verify if this is true?
All attorneys have the ability to view 13Network to review the plan payments that have been received by the trustee’s office. The information displayed on the site will aid in determining whether or not those payments are sufficient to complete the Chapter 13 plan confirmed by the court. Please contact the trustee’s office to set up access to 13Network.
My client just made their last plan payment. When will they get their discharge?
After the final plan payment has been made, there are a series of steps that must be completed before a discharge is granted. The debtor must file her 1328 certificate(s) verifying eligibility for a discharge. Once all disbursement checks have been negotiated, the trustee’s office will file a Final Report and Account. Creditors are given a period of time to object to the Final Report and Account. After that time has passed and no objections have been filed, the trustee’s office will request an Order Approving the Final Report and Account. The court will then docket a Notice of Intent to Enter Chapter 13 Discharge. If no objections are filed within 14 days of the Notice of Intent to Enter Chapter 13 Discharge, the court will enter a discharge, issue a Final Decree and close the case. The discharge process generally takes four to six months.
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My client needs to file a modified plan in the case. What is the process of obtaining approval of a modified plan?
If the Debtor requires a modification to the confirmed plan, Debtor’s Counsel must complete the Plan Modification Request Form found on the Forms Tab and follow the instructions provided to submit the form to the Chapter 13 Trustee. Upon receipt of the Modification Request Form and any required supporting documents, the Trustee’s Office will prepare the Motion to Modify and submit it to counsel for filing with the Bankruptcy Court.
Debtor’s counsel shall not file a motion to modify that has not been prepared by the Chapter 13 Trustee’s Office.
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