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Court & Trustee Instructions

New Jersey bankruptcy lawyer, Lee M. Perlman

Court & Trustee Instructions

What to Expect in Court

SECTION 341(a) MEETING OF CREDITORS – REQUIRED STATEMENTS/QUESTIONS

1.  State your name and current address for the record.

2.  Please provide your picture ID and Social Security number card for review.

a. If the documents are in agreement with the 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original State of New Jersey drivers license (or other type of original photo ID) and original Social Security card (or other original document used for proof) and they match the name and Social Security number on the 341(a) meeting notice.”

b. If the documents are not in agreement with the 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original Social Security card (or other original document used for proof) and the number does not match the number on the 341(a) meeting notice. I have instructed the debtor (or debtor’s counsel) to submit to the court an amended verified statement by [date], with notice of the correct number to all creditors, the United States Trustee, and the trustee; and to file with the court a redacted copy of the notice, showing only the last four digits of the Social Security number, and a certificate of service.”

c. When the documents do not match the petition, the trustee shall attempt to ascertain why and shall report the matter to the United States Trustee.

d. If the debtor did not bring proof of identity and Social Security number, the trustee shall determine why.

3. Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?

4. Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions to bring to my attention at this time?

5. Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?

6. Have you previously filed bankruptcy? (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)

7. What is the address of your current employer?

8. Is the copy of the tax return you provided a true copy of the most recent tax return you filed?

9. Do you have a domestic support obligation? To whom? Please provide the claimant’s address and telephone number, but do not state it on the record. Are you current on your post-petition domestic support obligations?

10. Have you filed all required tax returns for the past four years?

Samples of General Questions

1. Do you own or have any interest whatsoever in any real estate?

  • If owned: When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?
  • If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?

2. Have you made any transfers of any property or given any property away within the last four years?

  • If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?

3. Does anyone hold property belonging to you?

  • If yes: Who holds the property and what is it? What is its value?

4. Do you have a claim against anyone or any business?

  • If there are large medical debts, are the medical bills from injury?
  • Are you the plaintiff in any lawsuit?
  • What is the status of each case and who is representing you?

5. Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?

  • If yes: Please explain the details.
  • If you become a beneficiary of anyone’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive.

6. Does anyone owe you money?

  • If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?

7. Have you made any large payments, over $600, to anyone in the past year?

8. Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?

  • If yes: Inquire as to amounts.

9. Do you have a bank account, either checking or savings?

  • If yes: In what banks and what were the balances as of the date you filed your petition?

10. When you filed your petition, did you have:

  • any cash on hand?
  • any U.S. savings bonds?
  • any other stocks or bonds?
  • any certificates of deposit?
  • a safe deposit box in your name or in anyone else’s name?

11. Do you own an automobile?

  • If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?

12. Are you the owner of any cash value life insurance policies?

  • If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.

13. Do you have any winning lottery tickets?

14. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?

15. Have you been engaged in any business during the last six years?

  • If yes: Where and when? What happened to the assets of the business?

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341 Hearings Locations

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Office of Albert Russo, Chapter 13 Trustee
1 AAA Drive, Suite 101
Robbinsville, New Jersey 08691
Directions

Office of Isabel C. Balboa, Chapter 13 Trustee
Cherry Tree Corporate Center
535 Route 38, Suite 150
Cherry Hill, New Jersey 08002
Directions

Bridge View Building
800 Cooper Street, Suite 102
Camden, New Jersey 08102
Directions
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Trenton Bankruptcy Court
Clarkson S. Fisher U.S. Courthouse
402 East State Street, Room 129
Trenton, New Jersey 08608
Directions

1423 Tilton Road
Suite 5
Northfield, New Jersey 08225
Directions

One Newark Center
Suite 1401
Newark, New Jersey 07102-5504
Directions
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What to bring to your 341 Meeting of Creditors

Prior to preparing and filing your Bankruptcy Petition, my office required that you provide certain documents. Most of these documents are required by the Bankruptcy Trustee and my firm has forwarded the documents to the Bankruptcy Trustee on your behalf. In the event there are documents the Bankruptcy Trustee has requested that my office does not have, you will receive a letter from my office.

You should bring the following with you on the day of your 341 hearing:

  1. Any additional documents requested by my office.
  2. Your two (2) most recent pay stubs.
  3. Proof of identity: valid photo driver’s license, government-issued picture identification card, U.S. Passport or legal resident alien card.
  4. Proof of Social Security Number: Social Security card, current W-2 form or payroll check stub that lists full Social Security Number(s).

If you fail to bring proof of identity and proof of your Social Security number, the Trustee will not hold your 341 Meeting of Creditors.

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Debtor Education or Financial Management Course

All debtors must undergo a debtor education program prior to the entry of their discharge Order.  The debtor education program must be pre-approved by the United States Trustee’s office.  Please follow this link to register and complete the Debtor Education course http://leeperlman.startfreshtoday.com/

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Instructions for payments to Isabel Balboa, Chapter 13 Trustee

  • Payments are due on the first of each month.
  • Payments are to be made payable to Isabel Balboa, Trustee and mailed to:

Isabel Balboa, Trustee
PO Box 1978
Memphis, TN 38101-1978

  • ** Isabel Balboa also offers an online payment system.
    Visit her ePay web page to register at http://www.standingtrustee.com/epay/.
    You will need your case number and social security number on hand to register.
  • Please DO NOT send cash or personal checks. Neither will be accepted as payment.
  • SEND ONLY certified checks or money orders.
  • Always print your CASE NUMBER and your NAME on your payment.
  • Do not send correspondence to the Trustee’s payment address. All questions and correspondence should be directed to Lee M. Perlman’s office and he will contact the Trustee on your behalf.
  • If you fail to make all required Trustee payments, the Chapter 13 Trustee may file a Motion to Dismiss your case.
  • All mortgage payments are to be sent to your mortgage company and not to the Trustee. When making your mortgage payment, print on the envelope: Attention: Bankruptcy Department.
  • All vehicle payments are to be sent to your auto finance company and not to the Trustee. When making your vehicle payment, print on the envelope: Attention: Bankruptcy Department.

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Instructions for Payments to Albert Russo, Chapter 13 Trustee

  • Payments are due on the first of each month.
  • Payments are to be made payable to Albert Russo, Trustee and mailed to:

Albert Russo, Trustee
PO Box 933
Memphis, TN 38101-0933

  • Please DO NOT send cash or personal checks. Neither will be accepted as payment.
  • SEND ONLY certified checks or money orders.
  • Always print your CASE NUMBER and your NAME on your payment.
  • Do not send correspondence to the Trustee’s payment address. All questions and correspondence should be directed to Lee M. Perlman’s office and he will contact the Trustee on your behalf.
  • If you fail to make all required Trustee payments, the Chapter 13 Trustee may file a Motion to Dismiss your case.
  • All mortgage payments are to be sent to your mortgage company and not to the Trustee. When making your mortgage payment, print on the envelope: Attention: Bankruptcy Department.
  • All vehicle payments are to be sent to your auto finance company and not to the Trustee. When making your vehicle payment, print on the envelope: Attention: Bankruptcy Department.

** Albert Russo also offers an online payment system.

Visit his ePay web page to register at http://www.russotrustee.com/epay.
You will need your case number and social security number on hand to register.
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Instructions for payments to Marie-Ann Greenberg, Chapter 13 Trustee

  • Payments are due on the first of each month.
  • Payments are to be made payable to Marie-Ann Greenberg, Trustee and mailed to:

Marie-Ann Greenberg, Trustee
PO Box 520
Memphis, TN 38101-0520

  • Please DO NOT send cash or personal checks. Neither will be accepted as payment.
  • SEND ONLY certified checks or money orders.
  • Always print your CASE NUMBER and your NAME on your payment.
  • Do not send correspondence to the Trustee’s payment address. All questions and correspondence should be directed to Lee M. Perlman’s office and he will contact the Trustee on your behalf.
  • If you fail to make all required Trustee payments, the Chapter 13 Trustee may file a Motion to Dismiss your case.
  • All mortgage payments are to be sent to your mortgage company and not to the Trustee. When making your mortgage payment, print on the envelope: Attention: Bankruptcy Department.
  • All vehicle payments are to be sent to your auto finance company and not to the Trustee. When making your vehicle payment, print on the envelope: Attention: Bankruptcy Department.

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TEN RULES FOR DEPOSITIONS

  1. Make certain that you understand the question before you answer it. You have the right to ask that the question be repeated or rephrased.
  2. Pause before you answer the question. Take the time to think about your answer.
  3. Answer the question: Concisely – Thoughtfully – Honestly
  4. Answer only the question that is asked. DO NOT VOLUNTEER ANSWERS. DO NOT VOLUNTEER INFORMATION.
  5. Answer the question only with personal knowledge unless you are asked otherwise. For example:
    Did you know this happened? (personal knowledge) versus Did someone tell you that this happened? (second hand knowledge)
    If the question calls for personal knowledge, do not answer with information obtained from someone else. On the other hand, if you are asked for second hand knowledge, make certain that you state from whom you obtained the information.
  6. If you do not know the answer to a question, it is acceptable to say “I do not know.” If you do not remember the answer to a question, it is acceptable to say “I do not remember.” Likewise, if you are uncertain of an answer but, nonetheless, think that you know the answer, then it is acceptable to say “I am not entirely certain, but I think…”
  7. Be definitive in your answers. For example, if you know the answer to a question, then you should answer “Yes, it did” instead of “I’m pretty sure that it did” or “I think it did.”
  8. Remember that everything that you say is part of the record. Remember to answer clearly (not with “Ah huh, …”). Remember your demeanor (outward manner). Do not answer questions with exaggerations. DO NOT BE NASTY. DO NOT MAKE JOKES.
  9. If someone shows you a document, or any other exhibit, READ IT COMPLETELY, unless your attorney instructs you otherwise. Do not worry about the amount of time that it takes to read the document.
  10. Remember that the deposition is for the benefit of the other side. The other side wants to know what you have to say in order to win the case. It is a formal event.

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