Category: Bankruptcy

341 Hearing – Meeting of the Creditors Chapter 7

What are the basics

Typically a debtor need attend only one hearing which is different than other forms of litigation. The hearing is typically held one month after filing, but, depending on case load, may be held later than that.

Location

The location of the hearing depends on which county you live in. For Lake, Cuyahoga, Lorain, and Geauga counties, you are assigned to Cleveland. If you live in Summit, Portage, or Medina Counties you are assigned to Akron. The meeting locations is not always the courthouse. In Akron, the hearings are held in a shopping mall. Cleveland, Youngstown and Canton are held in their Courts. Ashtabula County (which is part of Youngstown’s court system) meetings in Jefferson. It is therefore important that you keep your hearing notice. Here are the meeting locations in our trustee region.

The Reason for the 341 Hearing

You do not see a judge at a 341 hearing (if all goes well you will never meet the judge). Instead you meet someone who is know as the trustee. He or she is the closest person to an opposing counsel you will meet in the bankruptcy system. The job of a Trustee is to determine if there is anything that he or she can take from your, sell it, and deliver the proceeds to the creditors. This examination is being done to determine if there is anything that they can take.

While the above paragraph may sound a little frightening, most of the trustees are actually nice and all that I have come across are fair. Furthermore, the trustees as well as ourselves must follow the law. That law is pretty clear what a trustee may or may not take so there is likely to be no surprises.

What You Need to Bring

The rules of bankruptcy procedure require that your bring three items to your bankruptcy hearing.

  • A government issued id (drivers license or state id)
  • A government issued document with your social security number on it (social security card, social security statement, 1099, w2 But not your tax return or your bankruptcy notice
  • Your most recent bank statement
  • Most recent paystub

Furthermore the Bankruptcy Code requires under 11 USC 521(e)(2) that I provide the trustee with a copy of your most recent tax return 7 days prior to your hearing. If that does not happen the court can dismiss the case.

What to Wear and Kids

I would suggest business casual for the hearing. Pants and a collared shirt is adequate. It is not a good idea to bring your kids to this hearing, but if there is no alternative make sure that they behave during the hearing.

How Long

The hearing itself should last about 5-10 minutes. However keep in mind that they may not call you right away. The questions that will be asked are similar to the questions that I asked at the signing consultation, except where most of the time at a signing is focused on the debts, this hearing will be focused on property.

What Happens Next

After the hearing, the trustee may ask for additional documents, require you to come to an additional hearing, or conclude and end the hearing.

At a later date I will go into greater detail about this hearing.

THE CHAPTER 13 PROCESS

STEP ONE – INITIAL CONSULTATION

WHERE – East Side Office – 22408 Lake Shore, Euclid, OH 44123 or West Side Office – 13326 Madison Avenue, Lakewood, OH 44107.

WHAT DO I BRING – 2 Paystubs, Tax Return, and a List of Debts, the bills, or your credit report.

WHAT ARE WE DOING AT THIS CONSULTATION – We are going over your financial position to determine if you qualify for a Chapter 7 or Chapter 13 bankruptcy. In a Chapter 13, a key issue is what the plan payment will be. We will try to do an analysis of your debt (more so than we would in a Chapter 7 Bankruptcy. Therefore it is important that you bring information on your secured debt.

Fee – No, this is a free consultation and you are not obligated to go any further.

How Long – 45 mins to 1 Hour

STEP TWO – CONSUMER COUNSELING COURSE

WHERE – Online Course

Recommended Course – DebtorCC – www.debtorcc.org – cost $14.95

List of Other Approve Companies – United States Trustee ListNote – We are in the Northern District of Ohio

WHY DO I HAVE TO DO THIS – Under the Section 109(h)(1) of the Bankruptcy Code a debtor must take this course to qualify to file for bankruptcy. If the case is filed without the certificate, it will be dismissed.

STEP THREE – SIGNING CONSULTATION

WHERE – East Side Office – 22408 Lake Shore, Euclid, OH 44123 or West Side Office – 13326 Madison Avenue, Lakewood, OH 44107.

WHAT DO I BRING – I typically give you a customized list. However every case requires the most recent tax return, 2 months of pay stubs, the debts you want to include on the bankruptcy, and a copy of your car title.

WHAT ARE WE DOING – We are reviewing our notes from the Initial Consultation (Step One) and we are preparing a document called a bankruptcy petition. Since this is a Chapter 13 we are also putting together a Chapter 13 Plan. We will list all your assets and debts into the petition and its total length is about 60-70 pages in most cases. I will also be copying documents that you bring with you. Finally at the end, we will sign the document, and if everything is in order, file the case. (Step Four).

HOW LONG DOES THIS MEETING TAKE? – 2 – 3 Hours.

FEES – Typically I would ask for the pre-filing fee at this point. The remaining amount of the bankruptcy fee will be provided as a claim in the bankruptcy plan. Court costs should also be paid at this moment, however, it makes sense at time to enter an installment plan with the court (though this is more difficult to do in a Chapter 13.

STEP FOUR – CASE FILED

WHEN – Usually at the signing consultation, however if there is a need for delay (not all requirements met) we file when those requirements are met.

WHAT HAPPENS WHEN I FILE – An automatic stay is impose that prevents most collection actions (garnishments, utility shutoff’s, repossessions).

ARE THE PLAN ARRANGEMENTS MADE AT THIS TIME – Yes, we will prepare and file what is know as a wage order. It will be filed with the court, approved by the judge, and sent to your employer. They will then start making pro rata payments to the bankruptcy trustee.

STEP FIVE – FIRST PAYMENT

WHY IS THIS IMPORTANTThis is the most important step if you want a successful chapter 13. It will take about a month for the wage order to kick in. This does not excuse you from making the first payment on the bankruptcy. The plan payment is due within 30 days of filing. If you do not do this, you will be a month behind by the time the wage order kicks in. This can result in a dismissal by the time we reach the confirmation hearing.

WHERE DO I MAKE THE PAYMENT TO – Cleveland Trustee – Craig Shopneck, Chapter 13 Trustee, P.O. Box 593, Memphis, TN 38101-0593. Make sure that your case number and name must be on the check or money order.

STEP SIX- 341 HEARING

WHERE – United States Trustee Hearing Room (In Cleveland) – 201 Superior Avenue, Cleveland, OH 44114. It is on the sixth floor.

WHAT TO BRING – Your ID and your Social Security Card.

WHEN – Approximately 30-45 days after the filing of your case.

DOES THE ATTORNEY ATTEND – Yes I do.

WHAT IS THIS FOR – Under Section 341 of the Bankruptcy Code (hence the name), a court official known as a trustee has to conduct a meeting concerning your petition. The Chapter 13 341 is a bit different than a Chapter 7 341. First of all there is less emphasis on the property and more emphasis on making sure that income, expenses, and plan provisions are correct. The meetings are generally shorter and they are also less confrontational. Basically the idea is to make sure that everything is in order.live streaming film War for the Planet of the Apes online

STEP SEVEN- OBJECTION TO CONFIRMATION

WHAT IS THIS ABOUT – Usually within a few days after the 341 hearing the trustee will object to the confirmation of the bankruptcy plan. Not all cases receive an objection but most cases do. The trustee is communicating in their objection what they believe must be done before the court will confirm the case. This can include modification to the bankruptcy plan (changing the plan payment), amendment to the petition (to clarify some aspect of the case), or request for more information.

Generally if the provisions are met the Trustee will withdraw their objection (either prior to or at the confirmation hearing). Objections are written in a form format and are delivered both to the client and the attorney.

STEP EIGHT – CONFIRMATION HEARING

WHEN – Usually 21-35 days after the 341 hearing.

MUST I ATTEND – – No, just the attorney and the trustee attend.

WHAT IS THIS ABOUT? – A hearing is held in front of the Bankruptcy Judge to determine whether the plan should be allowed to continue. It is done on a motion docket, so the judge will spend about 3 – 5 minutes on each case and make rulings on motions. For the confirmation, the trustee usually goes first and recommends whether the plan should be confirmed or not. If the trustee recommends confirmation, then the plan is confirmed, and if the debtor continues to make his plan payment through the duration of the plan (between 3-5 years) the debtor will receive a discharge.

If the trustee does not recommend confirmation, then the court can and often adjourns the case so that the conditions can be met for the plan to be confirmed. If after a few tries the plan is not confirmed then the case will be dismissed.

The one exception to adjournment is when the plan is inadequately funded. At that point the court is likely to dismiss the case. If the funds become available we can file a motion to reinstate.

STEP NINE- FINANCIAL MANAGEMENT COURSE

WHERE – Online Course

Recommended Course – DebtorCC – www.debtorcc.org – cost $9.95

List of Other Approve Companies – United States Trustee ListNote – We are in the Northern District of Ohio

WHY DO I HAVE TO DO THISUnder of the Bankruptcy Code section 727(a)(11) a debtor must complete the financial management course in order to receive a discharge. Failure to do this will result in the case being closed without discharge which requires a motion to reopen (court cost $260.00)

Special heed should be taken in Chapter 13 Cases because the cases typically run 3-5 years. It is easy to forget this course at the end. It is disheartening to go through a plan paying all the money into the plan to only find out that you must pay a 260 dollar court costs to get the discharge. Therefore, do the course shortly after confirmation when you know that your plan is approved.

STEP TEN- DISCHARGE

WHEN – If the Debtor makes it through the 3-5 years of the plan and has met all the obligations of the plan, the court will discharge the case. If you had a car loan in your plan, the car should be paid in full and you should receive the title. If you were behind on your mortgage you should be caught up. You should also be current on pre-petition taxes and child support. If you made it this far, congratulations, you have put yourself in a financially good position.

THE CHAPTER 7 PROCESS

cialis 30 day sample cialis for sale generic cialis utilisation viagra cialis samples cialis medication cialis alternative cialis for bph viagra pills for sale cialis coupons 2017 viagra pill inexpensive viagra pills cvs pharmacy viagra coupons cialis sample cialis daily pfizer viagra cialis coupons printable viagra 100mg price walmart viagra vs cialis 200 cialis coupon non prescribed viagra natural viagra discount cialis viagra cost side effects of viagra cialis 5mg daily cyalis cialis 20mg cialis canadian pharmacy cialis discount viagra coupons free cialis buy cialis online sildenafil vs viagra cialis for men is viagra federally funded buy viagra online viagra without a doctor prescription viagra activate viagra pills cialis testimonials how to take cialis does the government fund viagra cialis coupons from manufacturer viagra vs cialis is viagra government funded in america side effects of cialis cialis tadalafil cheap viagra cialis online viagra from amazon viagra canada cialis generic viagra sex viagra government funding trial viagra sample canadian cialis cialis coupon generic for cialis how does cialis work generic cialis at walmart viagra without a doctor prescription usa viagra ingredients cialis or viagra viagra vs cialis vs levitra is viagra covered by insurance viagra coupons 75 off cialis pills for sale cialis dosage viagra substitute daily cialis viagra without prescription cialis without a doctor’s prescription generic viagra 100mg how does viagra work cialis trial generic for viagra cialis coupons viagra single packs cost price cialis viagra generic cost of cialis cialis free trial what is cialis otc viagra women viagra cialis cheap viagra patent expiration cialis 20 mg how long does viagra last viagra side effects order online viagra viagra prices without insurance viagra prices does viagra work over the counter viagra cialis effects cialis savings card cialis prices cost of viagra buy cialis cealis generic viagra cialis website cialis professional cialis generic availability cialis patent expiration cialis cialis for women cialis 10 mg viagra coupon pfizer viagra coupons viagra cialis cost canadian viagra viagra single packs cialis from canada female viagra pills cialis pricing cialis dosage strengths cialis dosage recommendations canada viagra viagra government funded cialis canada cialis patent expiration date extended best price viagra discount viagra cialis patent expiration 2017 buy viagra viagra best price cilias viagra on line no prec viagra for sale how much does viagra cost viagra cialis viamedic cialis viagra dose cialis pharmacy prices female viagra cialis generic tadalafil walgreens viagra substitute viagra porn viagra samples cialis voucher online cialis cialis copay card online viagra healthy man viagra cialis side effects cialis for daily use viagra pharmacy viagra from canada natural viagra alternatives that work cialis vs viagra cialis 5mg viagra online herbal viagra lowest cialis prices viagra coupons from pfizer wholesale cialis viagra costs sex viagra for women viagra price cialis samples overnight viagra girls cialis otc stendra vs viagra generic cialis tadalafil is viagra government funded viagra dosage what is viagra cialis 20mg directions viagra 100mg tablets retail price cialis 5 mg cialis vs viagra cialis coupon 20 mg erectile dysfunction cialis sophia viagra viagra alternatives liquid cialis cheap cialis when will cialis go generic free viagra cialis on line cialis coupon print cialis reviews cialis 30 day trial coupon cialis pills is viagra funded by government how much does cialis cost what does viagra do where to buy viagra revatio vs viagra viagra for women levitra vs viagra cialis or viagra viagra savings offer generic viagra available in usa cialis price canada cialis viagra on line cialasfilm Baywatch 2017 download

THE CHAPTER 7 PROCESS

cialis 30 day sample cialis for sale generic cialis utilisation viagra cialis samples cialis medication cialis alternative cialis for bph viagra pills for sale cialis coupons 2017 viagra pill inexpensive viagra pills cvs pharmacy viagra coupons cialis sample cialis daily pfizer viagra cialis coupons printable viagra 100mg price walmart viagra vs cialis 200 cialis coupon non prescribed viagra natural viagra discount cialis viagra cost side effects of viagra cialis 5mg daily cyalis cialis 20mg cialis canadian pharmacy cialis discount viagra coupons free cialis buy cialis online sildenafil vs viagra cialis for men is viagra federally funded buy viagra online viagra without a doctor prescription viagra activate viagra pills cialis testimonials how to take cialis does the government fund viagra cialis coupons from manufacturer viagra vs cialis is viagra government funded in america side effects of cialis cialis tadalafil cheap viagra cialis online viagra from amazon viagra canada cialis generic viagra sex viagra government funding trial viagra sample canadian cialis cialis coupon generic for cialis how does cialis work generic cialis at walmart viagra without a doctor prescription usa viagra ingredients cialis or viagra viagra vs cialis vs levitra is viagra covered by insurance viagra coupons 75 off cialis pills for sale cialis dosage viagra substitute daily cialis viagra without prescription cialis without a doctor’s prescription generic viagra 100mg how does viagra work cialis trial generic for viagra cialis coupons viagra single packs cost price cialis viagra generic cost of cialis cialis free trial what is cialis otc viagra women viagra cialis cheap viagra patent expiration cialis 20 mg how long does viagra last viagra side effects order online viagra viagra prices without insurance viagra prices does viagra work over the counter viagra cialis effects cialis savings card cialis prices cost of viagra buy cialis cealis generic viagra cialis website cialis professional cialis generic availability cialis patent expiration cialis cialis for women cialis 10 mg viagra coupon pfizer viagra coupons viagra cialis cost canadian viagra viagra single packs cialis from canada female viagra pills cialis pricing cialis dosage strengths cialis dosage recommendations canada viagra viagra government funded cialis canada cialis patent expiration date extended best price viagra discount viagra cialis patent expiration 2017 buy viagra viagra best price cilias viagra on line no prec viagra for sale how much does viagra cost viagra cialis viamedic cialis viagra dose cialis pharmacy prices female viagra cialis generic tadalafil walgreens viagra substitute viagra porn viagra samples cialis voucher online cialis cialis copay card online viagra healthy man viagra cialis side effects cialis for daily use viagra pharmacy viagra from canada natural viagra alternatives that work cialis vs viagra cialis 5mg viagra online herbal viagra lowest cialis prices viagra coupons from pfizer wholesale cialis viagra costs sex viagra for women viagra price cialis samples overnight viagra girls cialis otc stendra vs viagra generic cialis tadalafil is viagra government funded viagra dosage what is viagra cialis 20mg directions viagra 100mg tablets retail price cialis 5 mg cialis vs viagra cialis coupon 20 mg erectile dysfunction cialis sophia viagra viagra alternatives liquid cialis cheap cialis when will cialis go generic free viagra cialis on line cialis coupon print cialis reviews cialis 30 day trial coupon cialis pills is viagra funded by government how much does cialis cost what does viagra do where to buy viagra revatio vs viagra viagra for women levitra vs viagra cialis or viagra viagra savings offer generic viagra available in usa cialis price canada cialis viagra on line cialasfilm Baywatch 2017 download