Meyer

Frequently Asked Questions

341 Meeting of Creditors

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 date certain 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 PACER reflects a date certain 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.

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.

My client is not physically able to attend the meeting of the creditors. What can I do?

When the standing trustee becomes aware of a debtor's physical disability that interferes with the debtor's ability to attend or participate in the meeting of creditors, the standing trustee shall notify the United States Trustee. The United States Trustee, in consultation with the debtor and the standing trustee, shall determine the reasonable accommodation to be made.

Documents

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 maintains an FTP site for delivering documents requested by the trustee's office. Please contact the trustee's office for instructions on how to utilize the FTP site.

My client does not have the documents requested in the trustee's document request. What should he 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.

Closing Procedures

I think my client has made his last payment. How can I verify if this is true?

All attorneys have the ability to view Bankruptcy Link (www.bankruptcylink.com) 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 Bankruptcy Link.

What happens if my client is delinquent or has not paid off his plan balances by the end of the term?

If the plan term is 60 months, the trustee's office will most likely file a motion to dismiss the case for not completing the payments within 60 months. If the plan term is less than 60 months, the debtor's plan may continue for an additional six months, but shall not exceed 60 months.

My client just made her last plan payment. When will she get her 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.

Notice of Filed Claims

I received the Notice of Filed Claims and the plan will no longer fund in the remaining months. Can I stipulate to an increase of plan payment, or do I have to file a modified plan?

As long as no creditor is adversely affected, the debtor can stipulate to an increase of plan payments to fund the plan in the remaining months.

I received the Notice of Filed Claims and the auto claim came in higher than expected. Will the trustee sign a stipulation increasing the dividend to the creditor?

A stipulation increasing the dividend to the creditor can be entered into so long as the plan payment is increased accordingly. Otherwise, other creditors would be adversely affected by the stipulation.

Post-Confirmation Issues

I need to file a modified plan but do not know what plan payments the debtor has made to date or what the trustee has paid to creditors. What can I do?

In order to effectively file a modified plan, the debtor's attorney must review the plan payments received by the trustee, as well as disbursements made to creditors which are available on Bankruptcy Link (www.bankruptcylink.com). Please contact the trustee's office to set up access to Bankruptcy Link.

I received a letter from the trustee regarding a mortgage payment and plan payment change. My client disputes the mortgage change. How do I prevent the trustee from paying the new mortgage payment amount?

The debtor must object to the Notice of Mortgage Payment Change in order for the trustee to not begin paying the new mortgage payment amount as specified in the notice.

Notice: This web site is provided with the understanding that the Chapter 13 Trustee Office is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent person should be sought.