Bankruptcy Petition

Due to the outbreak of COVID19 and the precautions going into place by the Courts, there have been several changes regarding the procedures during your case and for conducting the 341 Meeting.  The overall goal of course is to keep everyone as safe as possible. Hence, with these new procedures come new responsibilities.

This page was created for my clients who are scheduled for their 341 Meeting of Creditors in the near future. There are several changes to the bankruptcy procedures and it is an evolving process. Consider this page as a checklist to make sure my clients have the additional documents required as a result of the use of telephonic hearings.

These additional documents are in addition to the regular documents that are required by the Trustee which include pay stubs, bank statements, and tax returns.

Telephonic Hearings

At this time, all 341 Meetings are being conducted over the phone. This is a drastic change from the norm, as prior to COVID19, we always conducted the meetings in person. You should have received information about the procedures for these meetings including the telephone number to call, and the authorization code to connect with myself and the Trustee. If you have any questions, please call me. Some guidelines for the meeting can be found here.

Statement of Information

There is a form called “The Statement of Information Required by USC 341”.  Often the Trustee will refer to it as “The statement of Information prepared by the US Trustee”.  It must be read to conduct the meeting.

Normally I have my clients read this as they arrive at the 341 meeting downtown, but in these uncertain times, and with the 341 Meeting currently being done via telephone, we have to make sure this is done in advance.

You will only be asked one question about this form, “Have you read it?”  Please be prepared to say “Yes”, or they will not proceed with your 341 Meeting.  Of course, read it as well. If you have any questions about what is contained on this form, call me. It’s a general information form and you pretty much know what is contained in the form already, but it’s required to conduct the 341 Meeting. If you have not already received a copy of the form, please call me for a copy.

Proof of ID and Social Security Number

Prior to your 341 Meeting, we need to provide the Trustee a copy of the proof of your ID and Social Security Number. Generally, this is a copy of your Driver’s License and Social Security Card. Normally we would just present these two items at the in-person 341 Meeting of Creditors however given the status of moving all hearings via telephone, we need to get these in advance. If you have not gotten that to me yet, please do so.

Chapter 13 Debtor’s Statement

Chapter 13 Cases Only: If you are filing a Chapter 13, there is an additional form to complete and return. If you have not received this form from my office, please call me immediately. You can find a copy of that form here.

Additional Trustee Forms

Chapter 7 Cases Only: Several of the Trustee’s in Chapter 7 have the Debtors complete an additional questionnaire. Check with me if you have any questions. I would have sent this to you if needed. This form is specific to the Trustee involved in your case and not all Trustees use one.

Give me a call if you have any questions about these requirements.

Markwell Law, LLC
1031 Peruque Crossing Ct, Ste. B
O’Fallon, MO 63366
Phone: 636-486-1093
Fax: 636-634-3462

About the author 

Guss Markwell

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