Trustee

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Debtor Attorney Procedures

Step-by-step instructions for Debtors' Attorneys to prepare for §341 Meetings.

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Creditor Attorney Information

Step-by-step instructions for Creditors' Attorneys to prepare for §341 Meetings.

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Bankruptcy Trustee FAQs

Frequently asked questions concerning §341 Meetings, Documentation, etc.

Marcia T. Dunn, Trustee, has served as a Chapter 7 Panel Bankruptcy Trustee for the Southern District of Florida, Miami-Dade Division, since 1992. It is the Trustee’s responsibility to review Chapter 7 bankruptcy petitions, determine whether or not there are assets available for distribution to creditors, and, if assets exist, to secure and liquidate those assets for the benefit of creditors of the bankruptcy estate. The Trustee will also determine whether each Debtor has been candid and honest in their disclosures, and, in certain circumstances, contest the Debtor’s receipt of a discharge (if the Trustee has information indicating that there has been some type of material dishonesty or non-compliance with applicable laws by the Debtor).

After the filing of a bankruptcy petition, all Debtors are required to attend a meeting of creditors, or § 341 Meeting of Creditors. The meetings of creditors are usually conducted at the Federal Building located at 51 SW 1st Avenue, Room 102, Miami, Florida. Every Debtor must bring identification, consisting of either a valid driver’s license or passport, and a valid social security card, or other original document (i.e. – tax return, health insurance card) bearing the Debtor’s social security number. Language interpretation at the meeting of creditors will be provided to the Debtor at no cost, upon request of the Trustee, through a telephone interpreter service. Alternatively the Debtor may choose to retain the services of a private translator, which are normally available at a nominal charge. Persons with communication disabilities should contact the U.S. Trustee’s Office to arrange for translating services at the meeting of creditors. All § 341 Meetings of Creditors are electronically recorded; no talking, telephones or beepers are permitted in the meeting room. Neither food nor drinks are permitted in the meeting room.

The Trustee will ask each Debtor a series of questions, under oath, and under penalty of perjury. The penalties for perjury in a bankruptcy case include substantial fines and possible incarceration; each Debtor is cautioned to make sure their bankruptcy petition and schedules are accurate and complete, and that their testimony is accurate and complete.

The Trustee will require the production of certain documents from every Debtor. The forms listing the required documents are included herein (see Required Document Production). There are specific requirements for individual or married Debtors, and specific requirements for corporate Debtors.

The Trustee is not permitted to give legal advice to Debtors or creditors. Parties should seek legal advice from an attorney of their choosing.