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Bankruptcy Procedure

What are the steps in a Bankruptcy filing? Find out here.

September 5, 2013 by Todd Murphy

The 341 meeting of creditors

One Newark Center
One Newark Center

Approximately 30 days after your bankruptcy petition has been filed, whether it is a Chapter 7 or a Chapter 13 Bankruptcy Petition, you will be required to attend a brief (very brief) meeting with the bankruptcy trustee handling your case. Named after the section of the bankruptcy code that requires it, this meeting is known as a 341 meeting.

What To Expect.

The 341 meeting is very informal and usually lasts no more than 10 minutes.

The trustee will ask you some very basic questions and, in the event any creditors attend the meeting, they will be given the opportunity to object to your petition.

It is extremely rare for any creditors to attend the meeting so don’t worry.

What To Bring With You.

You will need the following documents:

  • Driver’s license
  • Social Security Card
  • Your latest pay stub from your employer

How To Prepare For The Hearing.

DOWNLOAD AND REVIEW THE SAMPLE QUESTIONS

The trustee has a list of questions he or she must ask you – download a list of the sample questions here.

DOWNLOAD AND REVIEW THE BANKRUPTCY INFORMATION STATEMENT BEFORE THE HEARING

One of the questions the trustee will ask is “Have you reviewed the Bankruptcy Information Statement?”  Please download a copy of the Bankruptcy Information Statement here and review it prior to the hearing.

How To Get There (click on the addresses below to be taken the Google Maps).

 

NEWARK CASES

341 Hearings in Newark (Chapter 7 and Chapter 13 cases)

If your case is a Chapter 7 or Chapter 13 case filed in the Bankruptcy Court in Newark, the meeting will take place at the office of the US Trustee located in on the 14th floor at One Newark Center, 1085 Raymond Blvd., Newark, NJ 17102 (corner of Raymond Blvd. and McCarter Highway with parking on Mulberry St.)

TRENTON CASES

341 Hearings in Trenton – Chapter 7 cases

If your case is a Chapter 7 case filed in the Bankruptcy Court in Trenton, the meeting will take place at the Federal Courthouse in Trenton located at Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, NJ 08608

341 Hearings in Trenton – Chapter 13 cases

If your case is a Chapter 13 case filed in the Bankruptcy Court in Trenton, the meeting will take place at the office of the Chapter 13 Standing Trustee, Albert Russo, located at 1 AAA Drive, Robbinsville, NJ 08691.

CAMDEN CASES

341 Hearings in Camden – Chapter 13 cases

If your case is a Chapter 13 case filed in Bankruptcy Court in Camden, the meeting will take place at the office of the Chapter 13 Standing Trustee, Isabel Balboa, located at Cherry Tree Corporate Center, 535 Route 38 – Suite 150, Cherry Hill, NJ 08002

341 Hearings in Camden – Chapter 7 cases

Coming Soon

Inclement Weather Policy

During the winter months, the possibility exists for Delayed Openings and / or Court Closings. If there is to be a delayed opening or Court closing, public announcements will be made on the following radio stations:

  • WKXW – FM 101.5 (COVERAGE FOR NORTH AND CENTRAL JERSEY)
  • WKXW – FM 97.3 (COVERAGE FOR SOUTH JERSEY/ATLANTIC CITY AREA)
  • FM 104.9 (COVERAGE FOR SOUTH JERSEY/PHILADELPHIA)
  • WKYW – AM 1260 (COVERAGE FOR THE MERCER COUNTY AREA ONLY)

Additionally, notification will be recorded on the voice messaging system in each office, for that particular office only. You can check each office at the following phone numbers:

  • CAMDEN – (856) 757-5023
  • NEWARK – (973) 645-4764
  • TRENTON – (609) 858-9333

Filed Under: Bankruptcy FAQ Tagged With: Bankruptcy Procedure, required creditor meeting

August 31, 2013 by Todd Murphy

Bankruptcy Required Disclosures

Bankruptcy Required Disclosures.

(a) A debt relief agency providing bankruptcy assistance to an assisted person shall provide—

(1) the written notice required under section 342 (b)(1); and
(2) to the extent not covered in the written notice described in paragraph (1), and not later than 3 business days after the first date on which a debt relief agency first offers to provide any bankruptcy assistance services to an assisted person, a clear and conspicuous written notice advising assisted persons that—
(A) all information that the assisted person is required to provide with a petition and thereafter during a case under this title is required to be complete, accurate, and truthful;
(B) all assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in section 506 must be stated in those documents where requested after reasonable inquiry to establish such value;
(C) current monthly income, the amounts specified in section 707 (b)(2), and, in a case under chapter 13 of this title, disposable income (determined in accordance with section 707 (b)(2)), are required to be stated after reasonable inquiry; and
(D) information that an assisted person provides during their case may be audited pursuant to this title, and that failure to provide such information may result in dismissal of the case under this title or other sanction, including a criminal sanction.
(b) A debt relief agency providing bankruptcy assistance to an assisted person shall provide each assisted person at the same time as the notices required under subsection (a)(1) the following statement, to the extent applicable, or one substantially similar. The statement shall be clear and conspicuous and shall be in a single document separate from other documents or notices provided to the assisted person:
“IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.
“If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
“The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
“Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, and in some cases a Statement of Intention, need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.
“If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
“If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.
“If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
“Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.”.
(c) Except to the extent the debt relief agency provides the required information itself after reasonably diligent inquiry of the assisted person or others so as to obtain such information reasonably accurately for inclusion on the petition, schedules or statement of financial affairs, a debt relief agency providing bankruptcy assistance to an assisted person, to the extent permitted by nonbankruptcy law, shall provide each assisted person at the time required for the notice required under subsection (a)(1) reasonably sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide under this title pursuant to section 521, including—
(1) how to value assets at replacement value, determine current monthly income, the amounts specified in section 707 (b)(2) and, in a chapter 13 case, how to determine disposable income in accordance with section 707 (b)(2) and related calculations;
(2) how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and
(3) how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506.
(d) A debt relief agency shall maintain a copy of the notices required under subsection (a) of this section for 2 years after the date on which the notice is given the assisted person.

Filed Under: Bankruptcy FAQ, Know your rights Tagged With: Bankruptcy Procedure

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