Bankruptcy Attorney Procedures for Phone Consultation with Client [to Be Held After Signing Petition, But Before Scheduled 341 Hearing]

Bankruptcy Attorney Procedures For Phone Consultation With Client

  • SCHEDULE MEETING WITH CLIENT 7-8 DAYS BEFORE THE SCHEDULED 341 HEARING
  • DEBTOR(S) NAME ON SOCIAL SECURITY CARD MUST EXACTLY MATCH THE NAME ON THE PETITION. REVIEW APPROPRIATE DOCUMENTS.
  • DEBTOR(S) MUST READ THE BANKRUPTCY INFORMATION SHEET
  • DEBTOR(S) MUST HAVE A COPY OF THE BANKRUPTCY PETITION. THE PETITION SHOULD BE EMAILED TO THE DEBTOR(S) AT THE TIME OF THE FILING OF THE PETITION. THE OFFICE MAY CREATE A DESIGNATED EMAIL ACCOUNT FOR THE DEBTOR(S) OR THE DEBTOR(S) MAY PREFER TO HAVE THE PETITION EMAILED TO ANOTHER ACCOUNT. NEVERTHELESS, EACH DEBTOR MUST RECEIVE A COPY OF THEIR PETITION, PREFERABLY BY EMAIL.
  • ASK THE DEBTOR(S), AFTER REVIEWING THE PETITION, WERE THERE ANY ERRORS, OR MATTERS NEEDING CORRECTION.
  • ADVISE THE DEBTOR(S) TO IMMEDIATELY COMPLETE THE POST FILING CERTIFICATE [DEBTORS EDUCATION CERTIFICATE], IF THE DEBTOR(S) HAD NOT ALREADY COMPLETED THE CERTIFICATE.
  • ADVISE DEBTOR(S) GENERALLY AS TO HOW A 341 HEARING IS CONDUCTED.
  • DEBTOR(S) SHOULD DAIL INTO THE HEARING USING THE PHONE NUMBER AND PASSCODE PROVIDED ON THE 341 HEARING NOTICE SENT BY THE BANKRUPTCY COURT. IT IS RECOMMENDED THE DEBTOR(S) CALL AT LEAST 15 MINUTES BEFORE THE TIME OF THEIR SCHEDULED HEARING, TO EVEN 30 MINUTES BEFORE SUCH TIME, BUT TO MUTE THEIR PHONES UNTIL THEIR NAMES ARE CALLED. THIS WILL ALLOW THE DEBTOR(S) TO HAVE A BETTER UNDERSTANDING OF WHAT TO EXPECT AT THEIR HEARING BECAUSE THEY CAN LISTEN TO THE HEARINGS OF OTHER DEBTORS.
  • ATTORNEY MAY EMAIL TO THE DEBTORS THE TEMPLATE LISTING THE MOST COMMONLY ASKED QUESTIONS AT THE 341 MEETING OF CREDITORS.

CHAPTER 13 BANKRUPTCY: DEBTOR MUST ALSO BE ADVISED AS TO THE MONTHLY PAYMENT, WHEN SUCH PAYMENT IS DUE, THE METHODS BY WHICH SUCH PAYMENT MAY BE TENDERED; BY DIRECT PAYMENT OR TRANSFER FROM DEBTOR(S) BANK ACCOUNT (PREFERABLE) OR BY MAILING THE PAYMENT TO THE TRUSTEE IN THE FORM OF A MONEY ORDER OR CASHIER’S CHECK.

IF THE CHAPTER 13 BANKRUPTCY TRUSTEE HAS OTHER QUESTIONS AFTER THE 341 HEARING, THE TRUSTEE WILL ISSUE AN UNFAVORABLE RECOMMENDATION. SUCH RECOMMENDATIONS ARE COMMONLY ISSUED IF THE TRUSTEE HAS ADDITIONAL QUESTIONS OR CONCERNS. ANY ADDITIONAL INFORMATION REQUESTED BY THE TRUSTEE SHOULD BE PROMPTLY PROVIDED.

THE DEBTOR(S) WILL BE ASKED TO PROVIDE COPIES OF THEIR ANNUAL TAX RETURNS INCLUDING ACCOMPANYING 1099’S AND W-2 FORMS

THE CHAPTER 13 BANKRUPTCY TRUSTEE MAY ALSO REQUEST TAX REFUND MONIES RECEIVED BY THE DEBTOR(S). PLEASE REFER TO THE TEMPLATE TITLED, CHAPTER 13 BANKRUPTCY TRUSTEE REQUEST FOR TAX REFUND MONIES. SUCH TEMPLATE MAY BE EMAILED TO DEBTOR(S).

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