Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Did I mess up -- was I supposed to serve the petition on the trustee?

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  • Did I mess up -- was I supposed to serve the petition on the trustee?

    I filed and was given the name of the trustee. I have about 2 weeks before hte 341 meeting but haven't heard anything. Was I supposed to file the petition and all the papers on the trustee? Is it too late? What do I do know?

  • #2
    The trustee has your petition so that's taken care of. Your responsibility now, is to contact the trustee and determine what documents they need. They will need your last 60 days worth of paystubs, from and including the date of filing. They will also need bank statements for all accounts open on the date of filing, that show your name and account number, and balances. They also must cover a rolling 30 day period including the date of filing. If you have bank statements that cover that, then great. If not, you'll need to see if you can generate custom statements that meet the above criteria. You may need to produce a statement for a previous month to establish that the account number is yours, then print a history document covering the period which you filed, if you can't generate one with your name on the same document.

    All open accounts you must provide to the trustee. Checking, savings, prepaid cards, Paypal, anything. Even if it's $0.00 on date of filing. You must also provide your most recent tax return.

    They'll need information regarding any houses or cars you own or have on finance.

    Also, the petition, with the exception of your social security number verification page, is open to the public to view. The additional information you're submitting to the trustee is not. So you'll want to make sure you make arrangements to transmit them as securely as possible.

    Each trustee is different, and may require more or perhaps less information than stated above.

    Remember to bring your photo ID and proof of social security number (Social security card, W2, anything not generated by you). Most likely you'll need photo ID to get in the building anyway.

    If you can provide the documents now, it will avoid you having your meeting continued, which would likely delay your discharge. This is because even though the 60 day deadline for creditors to object begins on the FIRST meeting of creditors, there is another deadline of 30 days which does not start until the CONCLUSION of the meeting of creditors.

    Best person to ask is your trustee. And they will be expecting it from Pro Se debtors. In my district, most trustees allow pro se debtors to serve them via email or postal mail. Attorneys have a secure line to submit documents, but you'll have to resort to email. Be sure to redact the first five digits of your SSN on any documents.


    • #3
      I would make sure you find the Trustee's Website and find out what they need prior to the 341 Meeting. It could be additional tax returns, bank statements, and/or additional paystubs. As the attorney-to-record, you are responsible for making sure you follow all the rules, even if no one explicitly told you the rules. if the Trustee hasn't contacted you and you haven't received any other notice of what the Trustee needs prior to the meeting, then something is missing.

      It's not the Trustee's job to remind you what you need, but they typically provide various ways to find out; call or look at their Website. If you don't provide everything that is required to be provided to the Trustee 7 days before the 341 Meeting, the Trustee may continue the meeting.

      I don't think you messed up, per se, but you do need to find out the additional mandatory information and provide that to the Trustee prior to the 341 Meeting.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


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