Debtor Attorney Procedures
In every individual and business case, the trustee requires production of documents at least 10 calendar days prior to the scheduled § 341 Meeting of Creditors (First Meeting of Creditors). Documents are to be produced electronically and in a complete manner. Failure to produce any documents requested by the trustee may result in the continuance or dismissal of the case.
The trustee may request that you and the debtor execute an agreement to extend the deadlines for objections to exemptions and discharge in the event the documents requested were incomplete or not produced, and/or she may otherwise continue the case. The forms itemizing the documents required are included, as follows:
A. Document production instructions for attorneys and pro-se debtors – please click here to see Required Document Production
B. If the debtor owns nonhomestead real property, the debtor must additionally comply with the Documents and Information Required for all Real Estate
The trustee may request additional documents not included in the standard requests and under 11 U.S.C. Section 521. The debtor must provide to the trustee any additional requested documents.
Debtor’s Attendance At The Scheduled §341 Meeting Of Creditors
Make sure that your client is advised of the following:
- Location of and directions to the § 341 Meeting Room
- The requirement to be ON TIME
- The requirement of bringing identification (original driver’s license or approved government-issued photo ID and original Social Security Card)
- Rules of conduct at § 341 Meeting of Creditors: No talking, no food, no beverages, no newspapers, no phones or cameras
- Appropriate dress and decorum
- Choices with regard to translation services
Requests For Continuance Of The Scheduled §341 Meeting Of Creditors
Should a situation arise where the debtor is unable to attend a scheduled § 341 Meeting of Creditors, counsel for the debtor must contact the trustee’s office to request a new date and time for the meeting. If the request for continuance is granted, the attorney for the debtor is responsible for re-noticing the meeting of creditors upon all parties of record and filing such notice with the court.
If the debtor is unable to attend the scheduled § 341 Meeting of Creditors due to special circumstances ( i.e., incarceration, hospitalization), Debtor’s counsel should immediately notify the trustee’s office. Under extenuating circumstances, the trustee may conduct the scheduled § 341 Meeting of Creditors telephonically. Debtor’s counsel is required to be present at the § 341 Meeting Room on the scheduled date and time, and the debtor is required to have a Notary Public present to verify the debtor’s identity by viewing the debtor’s driver’s license (or acceptable government-issued photo ID) and original Social Security card.