What do I need to bring with me to my Section 341 Meeting of Creditors
After you file your Chapter 13 Bankruptcy petition, plan and schedules, you will be required to attend a meeting of creditors set by the U.S. Bankruptcy Court. The meeting is an examination under oath conducted by the Trustee.
The Trustee will place you under oath at the meeting and ask you questions about your plan, schedules, assets, debts and other issues related to your case. Your creditors will have an opportunity to ask you questions about your case and financial affairs. While creditors do not attend these meetings often, please do not be surprised if they do attend.
Instructions for Telephonic Meeting of Creditors
You must provide copies of your photo identification and proof of Social Security number to the Trustee prior to the meeting. If you are represented by an attorney, copies must be provided to the Trustee through your attorney. If you are not represented by an attorney, you must provide copies directly to the Trustee. The Trustee will be unable to conduct the meeting without this documentation.
Preparation for the Call:
- Use a stable telephone line to avoid interruptions and background noise.
- Because each call will have multiple parties, please place your phone on mute and wait until your case is called before speaking.
- When your case is called, please speak loudly into the phone because the meeting is being recorded by the Trustee.
- You should be prepared and have copies of the following documents for examination: plan, petition, schedules, statement of financial affairs, tax returns, documentation of income and any other documents the Trustee indicated in advance that you should have available.
Please see our 341 Information page for more information.
I am self employed. What information do I need to provide the Trustee prior to my Section 341 Meeting of Creditors
A self-employed debtor operating a business, corporation, LLC or other business entity must provide the following:
- Monthly profit and loss statements (P&L) for the year before filing
- Copies of insurance policies
- Copies of lease agreements
- Current balance sheet
- Copy of current bond information (if required for the business)
- Six months of bank statements
- Copies of Federal and State tax returns for the past two years, including relevant business schedules
- Most recently filed personal federal tax return
The Trustee may require additional information.
Please submit all required business documents to the Trustee through your attorney. If the required business documents have not been timely completed and returned, the Trustee will not conduct the meeting and he may move to dismiss your case. The Trustee’s office must receive the required business documents no later than seven days prior to the first scheduled meeting of creditors.
How do I make plan payments?
See our Payments page for more information.
How do I access unclaimed funds?
For information about claiming unclaimed funds please visit the bankruptcy court website: https://www.wawb.uscourts.gov/unclaimedFunds
My address has changed, what should I do?
Please immediately contact your attorney about your change of address. You are required to report your change of address in writing to the U.S. Bankruptcy Court within fourteen days of the change. Do not send statements of address change to our office.
The Trustee and others will be unable to communicate with you through regular mail if you do not update the U.S. Bankruptcy Court. You may also miss important documents if you do not keep your address updated.
See the Change of Address form on the bankruptcy court website to change your address.
Do I need to send the Trustee a copy of my income tax return form(s)?
Yes. You are required to send the Chapter 13 Trustee a copy of your federal income tax return each year that you are in bankruptcy. If you have questions about sending your tax returns to the Trustee, please contact your attorney.
All social security numbers, on all pages of your return must be redacted (blacked out) prior to submission.
The Trustee’s office uses an online service provided by bkdocs.us as a method for debtors to securely upload tax return documents to the Trustee. For instructions on uploading tax returns to the Trustee online click here.
You may also mail a hard copy to our Seattle, Washington address. Please do not send tax documents to our Memphis payment address.
Chapter 13 Standing Trustee
600 University St. #1300
Seattle, WA 98101
How do I turn over my tax refunds to the Trustee?
If your Chapter 13 plan provides that all or part of your annual income tax refunds will be committed toward funding your plan, you are required to send the committed amount. You may send refunds to the Trustee by online payment through Nationwide TFS or through money order or cashier’s check at the Trustee’s Memphis, Tennessee lockbox.
See our Payments page for more information.
If you have questions about turning over your tax refund to the Trustee, please contact your attorney.
I will not be able to make my plan payment this month. What should I do?
Contact your attorney immediately. Your attorney may be able to modify the provisions of your plan. The Trustee cannot change the provisions of your plan – only the U.S. Bankruptcy Court can do that. The sooner you notify your attorney of changed financial circumstances or an inability to make your plan payments, the more likely that your attorney will be able to modify the plan. Time is of the essence.
Can I make up missed payments at the end of my plan?
Generally not. The Trustee cannot change the provisions of your plan, so contact your attorney to find out if you need to modify the provisions of your plan.
What is a Trustee’s Motion to Dismiss for Delinquency?
The Trustee wants every debtor to successfully complete his or her plan, but he also has a duty to monitor plan payments. If you become delinquent on your plan payments, the Trustee may file a Motion to Dismiss so that the U.S. Bankruptcy Court can review your case and decide what to do.
If you receive a Motion to Dismiss, please contact your attorney immediately so that he or she can file a timely response with the U.S. Bankruptcy Court and attend the hearing (if necessary). You must file a response to the Motion to Dismiss with the U.S. Bankruptcy Court so that the response is received by the response date, which is seven days before the hearing date (these dates will be on the Motion to Dismiss).
Contacting the Trustee is not enough – you must file your response with the U.S. Bankruptcy Court because it is the U.S. Bankruptcy Court that will decide whether to dismiss your case. Do not wait to address the Motion to Dismiss, as the U.S. Bankruptcy Court may dismiss your case without a hearing if you do not file a timely response. If you have an attorney, ask your attorney whether you will need to attend the hearing on the Motion to Dismiss.
Can I obtain financing (credit) for the purchase of an automobile while I am in Chapter 13?
Yes, but only with the U.S. Bankruptcy Court or Trustee’s approval. The Trustee can approve an automobile purchase, but the Trustee will need financial information to evaluate your request and whether the purchase is necessary. If you need to purchase an automobile, contact your attorney and see our Car Purchase Request page.
Please remember that you cannot incur any debt while in a Chapter 13 case unless you receive the U.S. Bankruptcy Court’s approval or the Trustee’s approval to purchase an automobile (the Trustee can only approve the purchase of an automobile).
Can I obtain a refinance or sell my real property (e.g., residential real property) while I am in Chapter 13?
You may not incur debt or sell real property without the Court’s approval, which means you would need to formally ask the Court to refinance or sell your real property. Please contact your attorney to discuss your options and how to go about this process of obtaining the Court’s approval.
My case status has changed on NDC. What does this mean?
Your case status may have changed because the case is being reviewed by the Trustee for completion or other issues. Please continue to make your plan payments until you are notified by the Trustee that your plan is complete and you can stop your plan payments. If necessary, the Trustee will contact you and/or your attorney about any further information needed.
What will happen at the end of my plan?
If you are eligible for a discharge, you will need to file a Financial Management Certificate and Certification Regarding Domestic Support Obligations with the U.S. Bankruptcy Court. The Trustee recommends that you file the Financial Management Certificate as soon as it is available.
The Trustee provides you with the ability to obtain your Financial Management Course Certificate for free through the Trustees’ Education Network at www.13class.com. For instructions on registering with the Trustees’ Education Network, Click Here.
Debtors must file a Certification Regarding Domestic Support Obligations whether or not the debtor has a Domestic Support Obligation (e.g., child support or spousal maintenance). Please contact your attorney if you need assistance to file this document.
If your plan payments are being made through an employer wage deduction, please make sure the Trustee has your employer’s current address, telephone number and/or email to send a letter to the employer to stop the wage deduction once all your plan payments are made. The Trustee will also provide you with a copy of the letter so that you can present it to your payroll department directly.
If the Trustee is making your ongoing and delinquency cure mortgage payments, the Trustee will file a Notice of Final Cure Payment with Court. Within 21 days, the mortgage company will file a statement indicating whether it agrees that you are current on your plan payments.
When you complete your plan, the Trustee conducts a final audit. The Trustee will close the case in his office once all claims have been properly docketed and paid according to the plan and the Court grants you a discharge.
If you have overpaid your plan payments, the Trustee will send you a refund check once your plan is completed and properly audited. Please be sure to cash this refund check immediately to avoid a delay in closing your case. The Trustee will file a Final Report and Account once all checks have cleared and the U.S. Bankruptcy Court will then review your case for closing.