§341(a) Adjournment Requests

The Bankruptcy Court schedules the 341(a) Meeting of Creditors. The Meeting is first scheduled between 20 and 40 days after the filing of the Chapter 13 petition. Debtors must appear in person with their attorney (unless debtors are proceeding without an attorney – self-represented) at the Meeting of Creditors. If your client requires an interpreter, please notify the trustee’s office at least one week prior to the hearing to avoid a postponement of the Meeting of Creditors.

If Debtor or Debtor’s attorney fails to substantially comply with the requirement for submission of documents prior to the Meeting of Creditors, the Trustee at his discretion may not hold the Meeting of Creditors and the debtor(s) will be required to reschedule the hearing date. A new hearing date will not be provided until all required documents have been received.

If a Debtor or Debtor’s attorney fails to attend the Meeting of Creditors on the Court-scheduled date debtor’s attorney or the debtor, if self-represented, must upload a completed “341 Meeting of Creditors Adjournment Request Form” at (See, www.standingtrustee.com/forms) to www.bkdocs.us in order to request an adjournment of the Meeting of Creditors. Debtor(s) must appear at the Meeting of Creditors before the Chapter 13 case can go forward to Confirmation. If Debtor(s) fail to appear at the Meeting of Creditors, the Trustee will recommend dismissal of the Chapter 13 case. The Trustee may file a motion to dismiss or recommend dismissal on the Confirmation hearing date.

Debtors must upload a completed “341 Meeting of Creditors Adjournment Request Form” (See, www.standingtrustee.com/forms) to www.bkdocs.us in order to request an adjournment of the Meeting of Creditors. The Trustee’s office may reschedule the Meeting of Creditors one (1) time. If an additional adjournment is required, the self-represented Debtor or Debtor’s attorney must file a Motion to Allow the 341 or the case will be dismissed at confirmation.

Documents Required by no later than 10AM Wednesday, the week prior to the scheduled §341(a) Meeting Of Creditors

Non-Business Debtor(s):

  • Last filed Federal Tax Return with all accompanying schedules and statements;
  • Completed “Declaration Concerning Tax Returns” (See, www.standingtrustee.com/forms);
  • Pay Advices. See Chart Below for required pre-petition pay advices (pay stubs). If pay advices are not available for any portion of the required pre-petition period, Debtors must file a completed, “Statement Concerning Pay Advices.” (See, www.standingtrustee.com/forms);
  • If there is a Domestic Support Obligation, provide recipient(s)’ name, current address (es), and case number(s);
  • Comparative Market Analysis (CMA), Broker’s Price Opinion (BPO) or Appraisal with a conclusion on all property owned by Debtor(s), prepared within one year of the filing of the petition, and payoff statements for all liens on each property;
  • All information on any pending lawsuit(s) (including, but not limited to, attorney’s name, nature of lawsuit, and the current status of the lawsuit); and
  • HUD-1 for property sold within the two (2) years pre-petition or transferred within the six (6) years pre-petition period.

The Chapter 13 Trustee requires that all documents be uploaded via the Bankruptcy Documents secured site at www.bkdocs.us. All documents filed should be redacted in accordance with Fed. R. Bankr. P. 9037 which states that all filers must redact: social security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers. Exception for business cases only; bank statements should reveal the last four digits of the account number so that the accounts can be properly identified.

Business Debtor(s)*:

Any Debtor, Non-Debtor Spouse, or significant other that is or was involved in a “business” within the two (2) years prior to the filing of this bankruptcy proceeding (this includes independent contractors, real estate agents or brokers, and landlords).

  • Completed and signed Certification of Business Debtor for EACH separate business (see www.standingtrustee.com/forms). Please note that there are separate Certifications for Active Business, Closed or Inactive Business; Independent Contractor or 1099 Employee; Landlord (Rental Income); and Real Estate Agent or Broker;
  • Copies of the last two (2) filed Federal Tax Returns, along with all supporting schedules and statements (including W-2s and 1099-Misc);
  • Copies of Bank Statements for all accounts in the name of Debtor, Co-Debtor, Non-Debtor Spouse, Significant Other, and/or Debtor’s business for the one year preceding the filing of the voluntary petition. (Statements should include all pages and contain the account holder’s name, address and last four digits of the account number);
  • Profit and Loss Statements (P&L) for the one year preceding the filing of the voluntary petition (see www.standingtrustee.com/forms);
  • Copy of current Insurance Declaration Page for any active business (i.e. CGL, Worker’s Comp, E&O, Malpractice Insurance, etc.) NOTE: IF BUSINESS IS ACTIVE, THEN THE INSURANCE DECLARATION PAGE WILL BE REQUIRED NO LATER THAN 24 HOURS AFTER THE FIRST SCHEDULED 341(a) MEETING OF CREDITORS;
  • Copy of current License and/or permits in accordance with www.nj.gov/njbusiness/licenses and in accordance with requirements of the Municipality and County in which the business is located;
  • Copy of current Rental Agreements, Mortgage Payoffs, CMA w/conclusion and Insurance Declaration Page for any real property currently being rented;
  • Such other documents as may be required to assist the Trustee in completing her investigation of the acts, conduct, assets, liabilities, and financial condition of the Debtor(s), the operation of the Debtor(s)’ business, and the desirability of the continuance of such business; and
  • If any of the above documents are unavailable, provide a Certification indicating the unavailable document and reason why it is unavailable.

*If the Debtor(s) (or any member of the household, including, but not limited to, Debtor’s spouse or significant other) is/was engaged in a business within the last two (2) years prior to the voluntary petition, Debtor should ALSO provide the same documents pertaining to the business entity. (This includes rental properties, landlords, 1099 employees, or any business which closed within the last two (2) years.) NOTE: DOCUMENTS THAT ARE SUBMITTED LATE MAY DELAY THE 341(a) MEETING OF CREDITORS AND ALSO THE CONFIRMATION OF DEBTOR(S)’ PLAN.