As a result of the Covid-19 pandemic for the foreseeable future, 341 meetings are held virtually. Everything else remains the same. Instead of meeting face-to-face in a room with other people, you call in and participate virtually. This makes it safe and convenient to file for bankruptcy.
§341(a) Meeting Of Creditors
The Bankruptcy Court schedules the 341(a) Meeting of Creditors. The Meeting is first scheduled between 20 and 40 days after the filing of the Chapter 13 petition. Debtors must appear in person with their attorney (unless debtors are proceeding without an attorney – self-represented) at the Meeting of Creditors. If Debtor or Debtor’s attorney fails to substantially comply with the requirement for submission of documents prior to the Meeting of Creditors, the Trustee at his discretion may not hold the Meeting of Creditors and the debtor(s) will be required to reschedule the hearing date. Debtor(s) must appear at the Meeting of Creditors before the Chapter 13 case can go forward to Confirmation. If Debtor(s) fail to appear at the Meeting of Creditors, the Trustee will recommend dismissal of the Chapter 13 case.
§341(a) Mandatory Documents
At least seven (7) days before the meeting of creditors, we must have received (Via Upload to Bankruptcy Documents (bkdocs.us) the following documents: (1) copy of your Federal tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the return; (2) Oath Form and for self-employed debtors, (3) Completed Business Questionnaire and copies of tax returns for the past 2 years (consult with your attorney). Additionally pay advices must be filed on the docket.
At least one (1) day before the meeting of creditors, you must file with the appropriate tax authorities (federal, state and local) all returns for all taxable periods ending during the 4-year period ending on the petition filing date.
THE 341 HEARING WILL NOT BE HELD IF THE MANDATORY DOCUMENTS ARE NOT UPLOADED PRIOR TO THE 7 DAY DEADLINE at 10:00 a.m.
Federal tax return
For the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the return.
- Prior to the first date set for the meeting of creditors, file with the appropriate tax authorities all tax returns required to be filed under non-bankruptcy law for all taxable periods ending during the 4-year period ending on the date of the filing of your petition. See 11 U.S.C. § 1308. See 11 U.S.C. § 521(e)(2)(A); Fed. R. Bankr. P. 4002(b)(3) and (4). In lieu of a copy of the tax return, you may furnish a transcript of the return. See, for example, Obtaining Tax Records.
- After 4/15/2022, debtor(s) who has/have filed return(s) must provide 2021 tax returns.
- You are required timely to file with the tax authorities tax returns coming due after the commencement of the case. See 11 U.S.C. § 521(j).
- At the request of any party in interest, you must periodically file an annual statement of income and expenditures. See 11 U.S.C. § 521(f)(4) and (g)(1).
- At the request of any party in interest in a chapter 7, 11, or 13 case, you are required to file with the court, at the same time you file it with the IRS:
- a copy of each Federal income tax return (or a transcript of such return) for each tax year ending while the case is pending (see 11 U.S.C. § 521(f)(1));
- a copy of each Federal income tax return (or a transcript of such return) for each tax year ending in the 3-year period ending on the date you file your bankruptcy petition for which a return had not been filed with the IRS as of the date you filed your bankruptcy petition and for which you subsequently filed a return (see 11 U.S.C. § 521(f)(2));
- a copy of each amendment to any of the foregoing Federal income tax returns (see 11 U.S.C. § 521(f)(3)).
If the debtor is not required to file a tax return, please complete and upload via www.bkdocs.us a Certification of No Tax Return (Word)(PDF)
IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Fed. R. Bankr. P. 9037. This requirement applies to all documents, including attachments.
Pay advices or a certification of no pay advices should be filed when filing the original petition or within 14 days of the petition filing date
There has been less than full compliance with the requirements of Local Rule 1007-4, as reproduced below (effective 12/01/17). This creates an unnecessary administrative burden on the chapter 13 office, and may prevent a thorough 341 meeting. Therefore, if there is a failure to comply with the rule by the originally scheduled 341 date, the meeting will not be held (unless and until there is compliance). Uploading pay advices to the chapter 13 office does not constitute compliance. Note also that under 11 U.S.C. §521(i)(1), the failure to comply within 45 days of the filing of the petition could result in an “automatic dismissal” of the case on the 46th day after the filing of the petition.
Local Rule 1007-4 Submission of Evidence of an Employer’s Payments Within 60 Days (Prepetition) of Filing the Petition
A debtor shall comply with §521(a)(1)(B)(iv) by filing with the court (1) the required payment advices (pay stubs), or (2) the documents available to the debtor accompanied by a statement that sets forth the reason why some payment documents have not been submitted and the debtor’s estimate of and other evidence, if any, of the payments received within the 60 day time period.
If the debtor does not have pay advices, please complete and file (on the Docket) a Certification of No Pay Advices (Word)(PDF)
Declaration Regarding Administration of Oath and Confirmation of Identity and SSN
Please use this form to submit to our office. We are not requiring copies of government issued ID’s and Social Security cards. As the form indicates, we are relying on debtors’ counsel to review the appropriate documents and verify identity.
Oath Form Declaration Form
The Trustee’s preference is to have all documents (Via Upload to www.bkdocs.us) at least 7 days prior to the 341 hearing. However, the below documents, that are required to process the case, must be received at least fourteen (14) after the meeting of creditors.
- Evidence of current income, such as most recent pay stubs……;
- Statements for each depository and investment account, including checking, savings, and money market accounts, mutual funds and brokerage accounts for the time period that includes the filing of the petition;
- Documentation [if requested] of certain expenses
- Fair market value evidence for all real property and vehicles;
- Proof of all mortgage or liens against real estate and car loan balances; and
- Proof of insurance for all real property owned (ONLY if the property is a rental or if the case has been classified as a business case)
- If there is a Domestic Support Obligation, provide recipient(s)’ name, current address (es), and case number(s);
- A Comparative Market Analysis (CMA), Broker’s Price Opinion (BPO) or Appraisal with a conclusion on all property owned by Debtor(s), prepared within one year of the filing of the petition, and payoff statements for all liens on each property;
- All information on any pending lawsuit(s) (including, but not limited to, attorney’s name, nature of lawsuit, and the current status of the lawsuit); and
- HUD-1 for property sold within the two (2) years pre-petition or transferred within the six (6) years pre-petition period.
Any Debtor, Non-Debtor Spouse, or significant other that is or was involved in a “business” within the two (2) years prior to the filing of this bankruptcy proceeding (this includes independent contractors, real estate agents or brokers, and landlords).
- Completed and signed Certification of Business Debtor for EACH separate business. Please note that there are separate Certifications for Active Business, Closed or Inactive Business; Independent Contractor or 1099 Employee; Landlord (Rental Income); and Real Estate Agent or Broker;
- Copies of the last two (2) filed Federal Tax Returns, along with all supporting schedules and statements (including W-2s and 1099-Misc);
- Copies of Bank Statements for all accounts in the name of Debtor, Co-Debtor, Non-Debtor Spouse, Significant Other, and/or Debtor’s business for the one year preceding the filing of the voluntary petition. (Statements should include all pages and contain the account holder’s name, address and last four digits of the account number);
- Profit and Loss Statements (P&L) for the one year preceding the filing of the voluntary petition
- Copy of current Insurance Declaration Page for any active business (i.e. CGL, Worker’s Comp, E&O, Malpractice Insurance, etc.) NOTE: IF BUSINESS IS ACTIVE, THEN THE INSURANCE DECLARATION PAGE WILL BE REQUIRED NO LATER THAN 24 HOURS AFTER THE FIRST SCHEDULED 341(a) MEETING OF CREDITORS;
- Copy of current License and/or permits in accordance with requirements of the Municipality and County in which the business is located;
- Copy of current Rental Agreements, Mortgage Payoffs, CMA w/conclusion and Insurance Declaration Page for any real property currently being rented;
- Such other documents as may be required to assist the Trustee in completing her investigation of the acts, conduct, assets, liabilities, and financial condition of the Debtor(s), the operation of the Debtor(s)’ business, and the desirability of the continuance of such business; and
- If any of the above documents are unavailable, provide a Certification indicating the unavailable document and reason why it is unavailable.
All Debtors, business and non-business:
*If the Debtor(s) (or any member of the household, including, but not limited to, Debtor’s spouse or significant other) is/was engaged in a business within the last two (2) years prior to the voluntary petition, Debtor should ALSO provide the same documents pertaining to the business entity. (This includes rental properties, landlords, 1099 employees, or any business which closed within the last two (2) years.)
Initial Filing/341 Forms
341 Continuance Requests
- As stated above, the Trustee requires documents to be submitted in advance of, and at, the first scheduled 341 (a) Meeting. For all other 341 (a) adjournment requests due to conflicts, or inability to attend for any other reason, the Trustee will generally authorize 1 adjournment, upon a timely request. Any further requests will generally be denied. Requests for a continuance are to be emailed to Edith Forbes at firstname.lastname@example.org (215-627-1377 ext 113)