Tag: 341

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What forms of ID are acceptable?

The trustees will only accept certain forms of proof of your identity.  You must provide both a photo ID and proof of your social security number.  See the lists below for acceptable forms of identification.  Ask your attorney if you have any questions.   

Acceptable forms of photo ID include:

  1. Valid state drivers license
  2. Government issued identification with a photo
  3. State picture ID (ex. “ID only card”)
  4. U.S. Passport
  5. Military ID with photo
  6. Resident Alien card with photo
  7. Student ID with photo

Acceptable forms of social security number proof:

  1. Original social security card
  2. Social Security Administration report with full number
  3. W2 form
  4. Payroll stub with full number
  5. Medical insurance card with full number
  6. IRS form 1099
  7. Voters registration card with full number
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What happens at my Meeting of Creditors?

 As with everything else, what happens at your meeting of creditors, or 341 as we call it, depends greatly on where your case is filed.  In the Western District of Tennessee, Eastern Division, you will find it to be a relatively calm process.  The meetings are currently held in the Ed Jones Federal Building in Jackson, near the IRS office.  You will have to go through security upon entering the building, so leave your mace and pocket knives in the car.  Do, however, be sure to bring BOTH your photo ID and your social security card. If you fail to bring either of those, the trustee will NOT hold your meeting, and you will have to come back in four weeks (with your ID and social security card).  There are no exceptions to this.  

     Once you enter the room where your meeting will be held, you will sit in a large room with our other clients until it is near your turn. You will be called, a few people at a time, to a slightly smaller room to again wait until it is your turn.  This procedure allows you to watch other meetings before it is your turn, which will help alleviate some of your stress.   In this smaller room is a desk at which you, your attorney, and your case trustee sit.  The judge is not present, but it is considered a court proceeding, with the meeting recorded and you are testifying under oath.  The Trustee will ask you a series of questions that you will answer, generally with a “yes” or “no” response.  Remember that it is being recorded so you must speak up and speak clearly to be recorded.  If you do not understand a question that the Trustee asks, you may ask the Trustee to repeat or clarify the question.  The Trustee may also ask you to repeat or clarify your answer if they do not hear or understand your answer.  The Trustees generally are not asking you trick questions, but will ask things like:
  • Do you live at the same address as when you filed your case?
  • Do you have any land in your name? If so, what is the current value, how much do you owe on it, and when did you buy it and how much did you pay for it?
  • Do you have any automobiles (cars, trucks, etc.) in your name? If so, what are the values and amounts owed on them?
  • If you have medical bills, are they due to accident or injury? 
  • Do you have any lawsuits that you are currently involved in or expect to be involved in?
  • Do you owe a domestic support obligation (do you have to pay child support or alimony)? If so, what is the name and address of the person you pay? Are you up to date since your case was filed?
  • How many children live with you that you have legal custody of?
     After the trustee’s questions, the trustee will ask if any creditors have any questions. If any creditors have any questions, they can ask those questions.  Generally, though, few creditors really appear and ask questions.  Most of the time the creditor’s attorney has already contacted your attorney with whatever questions they may have. If they do ask questions, though, remember to speak clearly, and only answer the question you are asked.  Neither the trustee nor the creditor’s attorney wants to know the back story behind your answer, they just want the answer. 
 
     While this may sound like a long process, once it is your turn, it generally is no more than two or three minutes.  You really will spend most of your time waiting for your turn.  I generally advise my clients to allow two hours for the meeting to ensure you have plenty of time to get back to work.   
 
     If you have any questions about what happened at your meeting, wait until your meeting is over to ask your attorney.  Remember that the entire proceeding is being recorded, and you do not want any attorney-client privileged information being recorded.
 
     Some final tips for preparing for your meeting of creditors:
  • Do not forget your photo ID and your social security card
  • Do not wear a hat
  • Wear appropriate clothing, and bring a jacket if you tend to be cold. 
  • Turn your cell phone off or to vibrate. 
  • Do not answer your cell phone while at the meeting. 
  • Do not bring small children if you can find childcare.  
  • If you are sick, call your attorney the afternoon before your meeting to see if your meeting can be continued.  Sometimes it can’t, and if you do not come, your case likely will be dismissed. 
  • If you receive the notice of your meeting date and know that you will be out of town for some reason, go ahead and call your attorneys office to discuss what options are available to you. 
  • Try to arrive ten to fifteen minutes prior to your start time to allow you enough time to get through security and get to the correct room.
  • Don’t forget to complete your debtor education class. You can’t get a discharge without it!