Remote  341(a) Meetings

Remote 341 Meetings of Creditors: Policies and Procedures effective starting September 1, 2023.  Please see: https://www.justice.gov/ust/moc 

All initial 341 meetings will be conducted remotely by Zoom video/teleconferencing. Continued or follow-up meetings may be scheduled for in person meetings.

If the U.S. Trustee or case trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or protection of estate property, the U.S. Trustee may approve the continuation of the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance.

Creditors wishing to participate may obtain access to the connection details by checking the notice or docket for participation information, by contacting the trustee or by contacting counsel for the debtor.

Counsel may request debtors appear at their offices, at their own discretion.

Counsel are encouraged to familiarize themselves with Zoom - https://zoom.us/

Debtor Identification Procedures Through Remote Meetings

Verification of ID / SSN

For cases where the debtor is appearing by video:

(i) I will use the ID and proof of SSN provided prior to the meeting to examine and confirmthe debtor's identity and ss no.

If I am not able to confirm ID or SSN, I will continue the meeting so I can do so at the continued meeting. I may verify the ID / SSN prior to the continued meeting and excuse the debtor’s appearance, but make a record of such at the continued meeting.


Video Etiquette Guidelines

The following video/phone etiquette guidelines will be required of all parties:

a. Mute the call/audio while your meeting is not being held.

b. Speak clearly and hold the camera steady.

c. Limit all background noise while your meeting is being held.

d. No speaker phone unless two or more persons are appearing on the same line, i.e., debtor and counsel or joint-filing debtors.

e. Participants will join the remote video session in the virtual waiting room and will be invited into the meeting room when the case is called.

f. Debtors and counsel are to be at a set location, and not in transit, so that full attention can be given to the questions being asked. High speed internet access is recommended.

g. Only debtors and their counsel as well as creditors or interested parties will be allowed on the connection, i.e., no “moral support” or supplementary answers to be provided by friends or family.

h. Any telephonic or video appearances by debtors without their counsel also present on the conference / call at the appointed time will result in a continuance. After two failed attempts, the trustee will ask for a show cause hearing seeking dismissal of the case.

i. Attorney for the debtor(s) must share their invitation information for participation in the video or teleconferencing 341 meeting with debtors and any creditors wishing to participate in the meeting.

j. Debtors must bring to the remote video meeting picture identification and an original document containing their complete Social Security Number.

k. Debtors must have available to them at the remote meeting site, copies of signature pages and the entire copies of the Voluntary Petition, Declaration of Schedules, Statement of Financial Affairs, and Form 22A (Means Test Form).

l. Please provide the Debtor(s) with the Bankruptcy Information Sheet and make sure they read it before the meeting. You can download it in English and many other languages here: https://www.justice.gov/ust/bankruptcy-information-sheet-0

The email with attachment(s) - one per case- should be directed as follows: [email protected] with the debtor name and case number in the subject line.

Notice to Creditors

Creditors should contact the debtor's counsel or the trustee for remote 341 meeting connection information.

These policies and procedures do not otherwise affect a debtor’s requirement to submit and provide all other necessary documents to the Court and to the Trustee. Also, please check back often as these procedures will continue to change due to the dynamics of the circumstances.


Request for a Continuance

In the event that you and your clients prefer a continuance, please fill out, prepare and file the Motion, Stipulation and Order substantially as set out on the forms page of this site so that I may continue the meeting to a later date. Please watch the case docket for rescheduled meetings - no other notice will be provided.

Thank you in advance for your patience and cooperation in implementing these temporary changes.


A NOTE ON USING VIDEO CONFERENCE FOR 341 BANKRUPTCY MEETINGS

At the discretion of the U.S. Trustee and Local Chapter 7 Bankruptcy Trustee the meeting must fulfill the requirements of a 341(a) meeting.  Essentially, the trustee needs to ensure that:  1) The debtor is the one present at the 341 meeting,  2)  That the debtor reviewed the petition prior to filing it and that the debtor did sign the declaration and recognizes her signature,  3) the trustee can verify the debtor identity, and 4) the Trustee can efficiently inquire of the debtor's assets, liabilities and finances.  

The trustee must be able to verify the debtors Identification and the picture of the video conferencing match and that a positive identification has been made.  Then it is really just a regular meeting except that the debtor is not present in the meeting room to confront the trustee and creditors if present.