Kentucky Chapter 13 341 meeting of creditors

Chapter 13 341 meeting of creditors

In your 341 notice for your bankruptcy case, the login and passcode information for your 341 meeting should be there. You need to be in a quiet room by yourself with no children or distractions while you talk to the bankruptcy Trustee. We can send our clients a pdf copy of your petition so you can refer to it while the Trustee asks you questions. We will cover simple instructions for Zoom so your hearing will be successful.

If extenuating circumstances exist preventing the Trustee can approve alternative arrangements such as questions by interrogatory in the rare case where a debtor’s attendance is impossible. A motion is filed showing attendance at the courthouse is impractical and any additional information as to why the debtor can not attend by Zoom.

Individual Trustees have 341 meeting of creditor rules

Each bankruptcy trustee will do 341 meetings a little differently. But whether you are in the Western or Eastern district elsewhere the Zoom login information will be on your 341 notice. You should mute your phone, or you may be placed on hold till your case is called. There will be about 8 cases done every 30 minutes. Everyone on hold will hear anything you say unless your phone is on mute, and this is under oath and recorded.

The Trustee 341 Questions webpage

If you are unfamiliar with Zoom, my clients can come to my office. We have dual video monitors set up for appointments and hearings. However, Zoom can be downloaded and used on phones, tablets, or computers from anyplace that has internet service.

Be sure to take your second class if you want the bankruptcy discharge. Failure to get the debtor education certificate filed on time means you may have to pay to reopen the case and pay a second filing fee. The Trustee will need a copy of your social security card and government photo ID, such as a driver’s license, at the hearing. The case may be continued or dismissed if you fail to prove your identity or you have failed to file tax returns for the prior four years.

341 Meeting of creditors by Zoom 

We try to keep numbers updated but check your 341 meeting of creditors notice to make sure. These logins and passcodes should not change.  The login for your Zoom 341 meeting will have a login number and Passcode to attend your 341 meeting of Creditors.

1. Bill Lawrence Western District of Kentucky Chapter 13 Trustee Zoom Number  798 722 8083 Passcode  7071567638
2. Beverly Burden Eastern District of Kentucky Chapter 13 Trustee Zoom Number  233 638 7706 Passcode 4109165649

Providing Documents to the Bankruptcy Trustee

At least 14 days before the meeting of creditors Debtors must provide the following documentation to the presiding Trustee:

Copies of their photo identification, Social Security card, proof of income, car titles, recorded copy of your deed and mortgage, taxes for prior two years prior four must be filed. Failure to provide these documents within 14 days of the hearing is a basis for dismissal.

Additionally, if any creditor files an objection, it is crucial to address it promptly to avoid complications in your case.

Standard Questions for the 341 Meeting of Creditors

This is the list of standard questions at the meeting of creditors. Non-standard questions for businesses are here additional questions that have been asked for a 341 hearing but these are the three most common problems for a Chapter 13 case.  Be prepared to discuss.

1. Name and address of your employer.  Do you want your payments payroll deducted or paid by auto payments from your bank through TFS.
2. How did you value your home or car.

The 341 questions are designed to ensure compliance with the bankruptcy code and to assess your financial situation accurately.

Instructions to Join a telephonic 341 meeting of creditors:

1. The logins for your 341 meeting debtor’s attendance, are also on your bankruptcy notice you got a few days after the case was filed.
2. Come to our office and I will use a large screen video conference monitor for your 341 meeting. But if you can’t attend our office, you can download the Zoom app for a phone or tablet. If you are using a desktop computer, login on the Zoom website. The Zoom apps don’t work well for the desktop and the website does not work for phones and tablets.
3. Rename the phone to your name. The Trustee is looking for you in a crowd of photos. If your phone is named Iphone 14 he can’t identify you and admit you into the meeting room.
4. Place your phone on mute until your case is called. If you are joining by phone, mute is often *6 in Zoom. Look for the microphone. When he calls your name, take it off mute.
5. The call is recorded and if you do not mute your phone, what you say will disturb the trustee, the hearing, and it may cause you to have to answer other questions later.
6. If your case is a Chapter 13, your plan payments and mortgage payments begin the month you file. Normally, you do have to give your mortgage company a little time, about 3 weeks, to set up your account using a different system of taking payments. Call them a few weeks after filing.

341 Meeting preparation for Western Kentucky

Use a stable telephone line (in a quiet secluded place); If you have children at home with you expect them to run through the room while you are on the phone. Every 341 meeting of creditors will have other debtors waiting to be called for their meeting. Until it is your turn leave the video and auto off. There are icons in the lower left part of the screen which will mute and turn off your video.

While the 341 meeting is not held in a bankruptcy court, it is a crucial part of the bankruptcy process. When your case is called, please speak loud enough into the phone as the Trustee is recording the meeting. The hearing is under penalty of perjury and if you attempt to hide assets or transfer assets out of your name they will normally discover it. If you know you may be questioned about an expense or topic, be prepared. Have copies of documents as proof if you reasonably expect to be examined about expenses, income or property. We can give you a copy of the petition. If you have high medical expenses, a copy of your pharmacy bill will help.

We supply tax returns, bank account and other information to the Trustee. If you have paid someone over 600 dollars to anyone, the Trustee may have a question because that transfer may be a fraudulent or preferential transfer. If the Trustee has indicated he has a question about an expense, be prepared and have documentation. Whether you are stripping a judgment lien, reaffirming a debt in a Chapter 7 or Redeeming an auto in a Chapter 7 you must file the motions within 14 days of the 341 meeting.

Bk Notices is a free services to track your Chapter 7 or Chapter 13 case.

341 Meetings by zoom For Western Kentucky Bankruptcy cases 

At least 15 minutes before the meeting, open Zoom and click or tap “Join a Meeting.” Type in the Meeting ID, but DO NOT click “Join” yet. If you see a box showing your device’s name (like “IPad 12”), type in your first and last name and delete the device name. This way, we can see who is waiting to join your meeting. You may be the first or last of 5-10 people to have a hearing within 30 minutes.

Now click or tap “Join.” Type in the meeting Password in the space provided. You will see a message or a screen that says something like, “Please wait; the meeting host will let you in soon.” We will start your meeting as soon as possible. You may need to give Zoom permission to access your camera, speakers, and microphone. You do NOT need to give Zoom permission to send you notifications. When the meeting starts, look for an icon in the menu bar that says, “Join Audio,” and click on it, then “Call using Internet Audio.”

The Final settings for a Zoom hearing by computer

To participate using a laptop or desktop computer (PC or Mac) connected to the internet, you need a camera (webcam), speakers (which might be built into the computer screen), and a microphone (sometimes built into your webcam). Make sure the camera and microphone are enabled and working properly before the hearing date.

At least 15 or so minutes before the meeting is scheduled to begin, open the web browser and go to https://zoom.us. Click or tap on “Join a Meeting.” Enter the Meeting ID. If you have not already installed Zoom, follow the instructions. The app should open automatically.

Follow the directions for entering the Meeting ID, your name, and the meeting Password. You will see a message or a screen that says; please wait. The meeting host will let you in soon.” We will start your meeting as soon as possible. When the meeting is over, you may uninstall the Zoom app if you do not plan to use it again.

It is important to note that a bankruptcy judge will not be present during the 341 meeting, but will be involved in subsequent confirmation hearings.

Confirmation hearings extenuating circumstances, and alternative arrangements.  Debtor’s attendance not required

After you have this 341 meeting a judge will often have a confirmation hearing a few weeks later. If your case is in the Western District ends with CRM you have judge Merrill. If your case ends with JAL you have Judge Lloyd. Judge Stout is the remaining judge.

If your case repays 50% or more with judges Merrill or Judge Stout they will presume your case is filed in good faith and you will probably be excused from confirmation. If you case pays 70% or more with Judge Lloyd she will presume your case was filed in a good faith effort to repay your creditors to the best of your ability. However she will normally hold confirmation and require your attendance anyway.  Unless you file in good faith, are fighting on the front line in Ukraine or are dying in a hospital your attendance is normally required.

It is possible to repay 1% or less in a Chapter 13 if that is all you can afford. But any Chapter 13 case must repay

1. At least what a Chapter 7 would have repaid to unsecured creditors if property had been liquidated.
2. At least repay secured creditors and priority debts such as child support up to date by the end of the plan and
3. all of the money left over in your budget after your reasonable normal monthly expenses are met. This is why inheritances, lottery winnings and tax refunds are turned over in part or in full to the Trustee.

If your plan utterly fails you still have two options.  You can often convert to a Chapter 7 if your income now allows it.   The other option is you may be able to get an early hardship Chapter 13 discharge.

Last notes and instructions

In Chapter 7, the trustee will be concerned with the accuracy of your petition, and whether you make enough to pay something back in a 13. In a Chapter 13, the trustee will be primarily concerned with whether all your disposable income goes to the creditors. Now is not the time to brag about how much you earn or how much your car is worth. If you have been truthful in the petition, the bankruptcy should go through without any problem. Receiving a bankruptcy discharge typically occurs about 60 days after the 341 meeting, marking a significant milestone in your journey towards financial recovery. Remember you may be the first case or the last case called. The trustee may be late to the meeting due to other court hearings. Good luck with your Kentucky 341 meeting of creditors!