From this point forward, all questions should be directed to me. I ask that you do not talk to creditors or the trustee without first talking to me.
If you haven’t already, you can stop paying your unsecured non priority debt. If any creditors contact you, you can tell them that you filed bankruptcy and send them a copy of the attached Notice of Bankruptcy Filing. Also let them know that they need to contact me from this point forward.
Remember to keep property that has a secured debt, such as a car or a house, you must stay current and continue to make the payments even if the creditor does not send you a statement.
If you bank with Wells Fargo, please be advised that Wells Fargo sometimes freezes accounts. You should act accordingly.
CASE AND HEARING INFORMATION
For the hearing, it may either be myself or another attorney that works with me that appears with you. I will let you know beforehand.
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YOUR HEARING WILL BE CONDUCTED VIA ZOOM
https://zoom.us/join
PRIOR TO THE HEARINGa) Review all your filed documents thoroughly
b) Please let me know if you require an interpreter.
c) Download Zoom
d) CONFIRM that you tested your Zoom Application on the Link Below. Send me confirmation that you have tested.
https://zoom.us/test.e) Please also take the second online course, commonly referred to as the Debtor Education Course, at your earliest convenience. We are in the Central District of California. Please use case number _________ when they prompt you. There is no attorney/billing code. You will pay them directly. Please make sure to provide my email address if it asks for an attorney email. Online Debtor Education Class Link
f) Please provide the last three months of Bank Statements for all financial accounts (do not include creditors). Also, please continue to send updated bank statements through the hearing date. Deposit accounts include, checking, savings, retirement, brokerage and Venmo.
g) Continue to send updated pay statements up through the hearing date.
g) If you are required to pay Court Ordered Child support, Alimony support or Domestic support, please let me know.
h) Make sure you read the US Trustee Information sheet if you haven’t already (attached).
i) Review Questions Frequently Asked at the 341(a) Meeting of Creditors Hearing
j) Review the US Trustee’s Zoom Best Practices Sheet
WAGE GARNISHMENT
If you have a wage garnishment, please provide us the name, address, fax, and email of the attorney representing the creditor. We will send notice of the bankruptcy to the creditor’s attorney. However, we recommend providing your employer and the sheriff with a copy of your bankruptcy filing. Many employers will not deduct the garnishment if they see your bankruptcy filing. However, others want to wait until they get the release from the creditor. Due to this, please keep in mind that sometimes it takes a few days or weeks for the mail to get sorted and that you might be garnished on the next check. If they garnish you after the filing, you should be able to get the money back.
THE HEARING
– You will typically be on the conference call for about an hour.
– Please text me 20 minutes prior to the hearing to confirm that you will be dialing in: (949) 328-6392. Please start the text with your name so I can verify your identity.
– One of our attorneys will be on the hearing with you. However, feel free to text me with any questions during the hearing.
– Please Join the Zoom meeting at least 10 minutes before it is your set time to do so. The trustee will have everyone in the “Waiting Room”. When it is your turn the trustee will let you into the meeting. We appreciate your patience. Please be stationary in a quiet room (please do not be driving).
-Test your Audio and Video Settings. Make sure you can hear the Zoom Audio and that your Microphone is Working. Also, test that your video is being displayed.
– During your video conference, please have the following documents open on a computer or phone, if needed. I do NOT recommend printing the documents.
a) A copy of your bankruptcy documents (petition, schedules and statements) that you filed with the Court;
b) A copy of the income tax return that you/we previously provided to the Trustee;
– When you log into the Zoom meeting, please make sure to put your microphone on mute. There will be an icon on the lower left of your screen.
– As more than one Meeting will be held during this period and multiple attendees will be in the meeting,listen for your case to be called.
– When your case is called, unmute yourself, then please identify yourself and speak clearly and loudly as the Meeting is being recorded.
– The trustee is NOT a judge. Please do NOT call him/her your honor. You do NOT need to be formal and say “sir/ma’am.” Just answer the question. If you do not understand a question, please feel free to let them know. You should get a chance to hear other hearings before you get called.
– Please Answer all questions directly with a simple yes or no. Do NOT elaborate on anything unless asked to do so.
– Questions Frequently Asked at the 341(a) Meeting of Creditors Hearing
– While it is RARE for Creditors to appear, Creditors may show up to question you. From my experience, mostly creditors from jewelry companies, furniture stores, and if you own a business, your vendors/clients show up. If you do not have financed jewelry, furniture, or never owned a business with debt, then most likely no creditors will appear.
– If a Creditor does appear, please do not be offended, do not take it personally. Keep your mind on the questions. Simply answer the questions truthfully. If you run into a question/answer that might incriminate you criminally, please ask if you can have time to discuss with your attorney. IF YOU DO NOT KNOW THE ANSWER AT THAT TIME, simply state it. It is okay to say I do not know the answer right now. If you can’t get the answer, then a simple I do not know will suffice. If you are not sure of an answer, then let us know you are not sure. Do NOT make up an answer because you think that is the correct answer. Again, it is rare for creditors to appear.
– Once the case meeting is finished, hang up.
– If you become disconnected before your meeting is finished, please log back in.
– If you have any questions during the hearing, please feel free to email me or text me at (949) 328-6392. Please start the text with your name so I know who is reaching out to me. For in-person hearings, please pull me into the lobby area of the hearing room to discuss your case. Trustees do not want any talking in the rooms.
ADDITIONAL IMPORTANT INFO
– In the meantime, you are encouraged to familiarize yourself with how to join a Zoom meeting (which is free). Zoom Support– Here are some articles that might give you more information on the next steps in the process. I will provide more detailed explanations later for subjects such as reaffirmation agreements when the time comes, but these articles will provide some general information in the meantime.
Bankruptcy Trustee
341 Meeting of Creditors (Court Hearing)
Questions Frequently Asked at the 341(a) Meeting of Creditors Hearing