Kentucky Chapter 13 341 meeting of creditors

Chapter 13 341 meeting of creditors

Louisville Kentucky Chapter 13 341 Meeting of Creditors

In your 341 notice for your bankruptcy case, the login and passcode information for your 341 meeting should be there. You need to be in a quiet room by yourself with no children or distractions while you answer questions from the bankruptcy Trustee. We can send our clients a pdf copy of your petition so you can refer to it while the Trustee asks you questions. We will cover simple Zoom instructions to ensure your hearing is successful.

In the rare case where a debtor’s attendance is impossible, the Trustee can approve alternative arrangements, such as interrogatories.   Examples include a paraplegic or service member serving in Korea who can’t attend. A motion is filed showing that attending the courthouse is impractical and any additional information as to why the debtor cannot attend by Zoom.

Individual Trustees have 341 meeting of creditor rules.

Each bankruptcy Trustee will do 341 meetings a little differently. But whether you are in the Western or Eastern district, the Zoom login information will be on your 341 notice. You should mute your phone, or you may be placed on hold till your case is called. There will be about 8 cases done every 30 minutes. Everyone on hold will hear anything you say unless your phone is on mute. This is under oath and recorded.

The Trustee 341 Questions webpage

If you are unfamiliar with Zoom, my clients can come to my office. We have dual video monitors set up for appointments and hearings. However, Zoom can be downloaded and used on phones, tablets, or computers from anywhere with internet service.

Be sure to take your second class if you want the bankruptcy discharge. Failure to get the debtor education certificate filed on time means you may have to pay to reopen the case and pay a second filing fee. The case may be continued or dismissed if you fail to supply documents and prove your identity, or if you have failed to file tax returns for the prior four years.

341 Meeting of creditors by Zoom 

We try to keep numbers updated, but please check your 341 meeting of creditors notice to confirm. These logins and passcodes should not change.  The login for your Zoom 341 meeting will include a login number and a passcode to attend the Creditors 341 meeting.

  1. Bill Lawrence Western District of Kentucky Chapter 13 Trustee Zoom Number  798 722 8083 Passcode  7071567638
  2. Beverly Burden Eastern District of Kentucky Chapter 13 Trustee Zoom Number  233 638 7706 Passcode 4109165649
  3. Wheatley Chapter 7 Trustee Meeting ID 362 954 9665, Passcode 0508437988
  4. Barnes Chapter 7 Trustee Meeting ID 686 266 6793, Passcode 7947426315

Providing Documents to the Bankruptcy Trustee

At least 14 days before the meeting of creditors, Debtors must provide the following documentation to the presiding Trustee:

Copies of their photo identification, Social Security card, proof of income, bank statements car titles, a recorded copy of your deed and mortgage, and taxes for the prior two years must be filed. Failure to provide these documents within 14 days of the hearing is a basis for dismissal.  They are supposed to be filed with the petition.  Filing them 14 days before the hearing will upset the Trustee because you didn’t give him time to review the petition. 

Additionally, if any creditor files an objection, it is crucial to address it promptly to avoid complications in your case.

Standard Questions for the 341 Meeting of Creditors

This is the list of standard questions at the meeting of creditors. Non-standard questions for businesses are additional questions asked at a 341 hearing; these are the three most common problems in a Chapter 13 case.  Be prepared to discuss.

  1. Name and address of your employer.  Do you want your payments deducted from your payroll or paid by automatic bank payments through TFS Bill Pay?
  2. How did you value your home or car?
  3. Did you make any gifts or transfers for less than the fair market value of the item.

The 341 questions are designed to ensure compliance with the bankruptcy code and to accurately assess your financial situation.

Instructions to Join a telephonic 341 meeting of creditors:

  1. The logins for your 341 meeting debtor’s attendance are also on your bankruptcy notice, which you got a few days after the case was filed.
  2. Come to our office, and I will use a large screen video conference monitor for your 341 meeting. But if you can’t come to our office, you can download the Zoom app for your phone or tablet. If you are using a desktop computer, log in to the Zoom website. The Zoom apps don’t work well on desktops, and the website doesn’t work on phones or tablets.
  3. Rename the phone to your name. The Trustee is looking for you in a crowd of photos. If your phone is named iPhone 14, he can’t identify you and admit you into the meeting room.
  4. Place your phone on mute until your case is called. If you are joining by phone, mute is often *6 in Zoom. Look for the microphone. When he calls your name, take it off mute.
  5. The call is recorded, and if you do not mute your phone, what you say will disturb the Trustee and the hearing, and it may cause you to have to answer other questions later.
  6. If your case is a Chapter 13, your plan payments and mortgage payments begin the month you file. Normally, you do have to give your mortgage company a little time, about 3 weeks, to set up your account using a different system of taking payments. Call them a few weeks after filing.

341 Meeting preparation for Western Kentucky

Use a stable telephone line (in a quiet, secluded place). If you have children at home, expect them to run through the room while you are on the phone. At every 341 meeting of creditors, other debtors will be waiting to be called for their meeting. Until it is your turn, leave the video and auto off. There are icons in the lower-left corner of the screen that mute and turn off your video.

While the 341 meeting is not held in a bankruptcy court, it is a crucial part of the bankruptcy process. When your case is called, please speak loudly into the phone, as the Trustee is recording the meeting. The hearing is under penalty of perjury, and if you attempt to hide or transfer assets out of your name, they will normally discover it. If you know you may be questioned about an expense or topic, be prepared. Have copies of documents as proof if you reasonably expect to be examined about expenses, income, or property. We can give you a copy of the petition. If you have high medical expenses, a copy of your pharmacy bill will help.

We supply tax returns, bank accounts, and other information to the Trustee. If you have paid someone over $ 600, the Trustee may have questions because that transfer may be fraudulent or preferential. If the Trustee has a question about an expense, please be prepared and have documentation. Whether you are stripping a judgment lien, reaffirming a debt in a Chapter 7, or redeeming an auto in a Chapter 7, you must file the motions within 14 days of the 341 meeting.

Bk Notices is a free service to track your Chapter 7 or Chapter 13 case.

341 Meetings by Zoom for Western Kentucky Bankruptcy cases 

At least 15 minutes before the meeting, open Zoom and click or tap “Join a Meeting.” Type in the Meeting ID, but DO NOT click “Join” yet. If you see a box showing your device’s name (like “iPad 12”), type in your first and last name and delete the device name. This way, we can see who is waiting to join your meeting. You may be the first or last of 5-10 people to have a hearing within 30 minutes.

Now click or tap “Join.” Type in the meeting Password in the space provided. You will see a message or a screen that says something like, “Please wait; the meeting host will let you in soon.” We will start your meeting as soon as possible. You may need to grant Zoom access to your camera, speakers, and microphone. You do NOT need to permit Zoom to send you notifications. When the meeting starts, look for an icon in the menu bar labeled “Join Audio,” click it, then select “Call using Internet Audio.”

The Final settings for a Zoom hearing by computer

To participate using a laptop or desktop computer (PC or Mac) connected to the internet, you need a camera (webcam), speakers (which might be built into the computer screen), and a microphone (sometimes built into your webcam). Make sure the camera and microphone are enabled and working properly before the hearing date.

At least 15 minutes before the meeting is scheduled to begin, open a web browser and go to https://zoom.us. Click or tap on “Join a Meeting.” Enter the Meeting ID. If you have not already installed Zoom, follow the instructions. The app should open automatically.

Follow the directions for entering the Meeting ID, your name, and the meeting Password. You will see a message or a screen that says, “Please wait.” The meeting host will let you in soon.” We will start your meeting as soon as possible. When the meeting is over, you may uninstall the Zoom app if you do not plan to use it again.

It is important to note that a bankruptcy judge will not be present during the 341 meeting, but will be involved in subsequent confirmation hearings.

Confirmation hearings, extenuating circumstances, and alternative arrangements.  Debtor’s attendance not required.

After your 341 meeting, a judge will often hold a confirmation hearing a few weeks later. If your case is in the Western District and ends with CRM, you have Judge Merrill. If your case ends with JAL, you have Judge Lloyd. Judge Mary Elisabeth Naumann is the remaining judge.

If your case repays 50% or more with judges Merrill or Naumann, they will presume your case is filed in good faith, and you will probably be excused from confirmation. If your case pays 70% or more with Judge Lloyd, she will presume your case was filed in a good-faith effort to repay your creditors to the best of your ability. However, she will normally hold a confirmation and will require your attendance.  Unless you file in good faith, are fighting on the front line in Ukraine, or are dying in a hospital, your attendance is normally required.

It is possible to repay 1% or less in a Chapter 13 if that is all you can afford. But any Chapter 13 case must repay

  1. At least what a Chapter 7 would have repaid to unsecured creditors if property had been liquidated.
  2. At least repay secured creditors and priority debts, such as child support, up to date by the end of the plan and
  3. all of the money left over in your budget after your reasonable, normal monthly expenses are met. This is why inheritances, lottery winnings, and tax refunds are turned over, in whole or in part, to the Trustee.

If your plan utterly fails, you still have two options.  You can often convert to a Chapter 7 if your income now allows it.   Another option is to seek an early hardship Chapter 13 discharge.

Last notes and instructions

In Chapter 7, the Trustee will be concerned with the accuracy of your petition, and whether you make enough to pay something back in a 13. In a Chapter 13, the Trustee will primarily be concerned with ensuring that all your disposable income is paid to creditors.

Now is not the time to brag about how much you earn or how much your car is worth. If you have been truthful in the petition, the bankruptcy should proceed without any problems. In a Chapter 7, you typically receive a bankruptcy discharge about 60 days after the 341 meeting, marking a significant milestone in your journey towards financial recovery. Just a reminder: you may be the first or last case called. The Trustee may be late to the meeting due to other court hearings. Good luck with your Kentucky 341 meeting of creditors!