§341 Meeting of Creditors Information
The unwritten, now written Rules on the Trustee’s §341 policies (or the 10 commandments of the §341 meeting).
1. Debtor shall have the plan payment before the 341. No payment, no hearing and the matter will be set for a dismissal hearing. If debtor appeared at the initial 341, then, at the discretion of the Trustee or Staff Attorney, the debtor may not need to attend the Court hearing to reset the 341, if, and only if, all payments are current. If the debtor does not appear at the 341, then the debtor must attend the dismissal hearing and be current in payments to get a reset 341.
2. 341 payments must be in good funds and sent to the Trustee’s Lock Box in Chicago, at least 10 days before the date of the 341 to ensure proper posting of the payment.
3. If the payment is not sent in before the 10 days, the payment must be made to the attorney’s office and the attorney must send it in. Check is in the mail is not sufficient unless the attorney has sent in the funds. Payments on the day of the 341 must be in the attorney’s possession, in good funds (no personal checks) and for the full amount. The attorneys shall not give the funds back to the debtor to mail in (yes, this has happened)!
4. Debtor must not bring their cell phones to the Bankruptcy Court!
5. Debtor must have a photo ID and social security card (or other acceptable proof, such as W-2; 1099; insurance card; letter from Social Security Office; IRS fax transcript; or some other document not generated by the debtor – i.e. tax return does not work).
6. Tax returns and pay advises are to be sent to the Trustee’s office one week before hearing. Send documents through secured website at 13documents.com
7. Male debtors – no wearing of hats during hearing.
8. Debtor is to dress appropriately.
9. All future plan payments are to be made by payroll deduction, unless a request is made on the record to the hearing officer and such request is only due to insufficient payroll income; small business; security clearance issues; or chief financial officer of the employer.
10. Debtor’s attorneys that are unable to attend a 341, see 13 Network §341 Meeting of Creditors Calendar, to find someone to cover your hearings. 341s are generally not continued before the scheduled hearing due to noticing issues and will only be continued after the case is called. Any attorney covering the hearing should have authority to enter into any orders; amendments or sign any documents needed to be signed at 341.
4/9/13