DOCUMENTATION REQUIRED AT .341 HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 2003-2

DO NOT FORGET TO BRING THESE DOCUMENTS !!

Documents are REQUIRED FOR COURT HEARING and office consultation.

The Trustee will MAKE YOU COME BACK for another Court hearing or may move to DISMISS your CASE if you fail to bring any of the required documentation. If you have already supplied me with the documents, I WILL BRING THEM TO COURT.

1. PROPER IDENTIFICATION: DRIVER’S LICENSE or State ID and SOCIAL SECURITY CARD (or W2 or Tax Returns or Health insurance card or something with your social security # on it.)     

 2.  CAR TITLES for cars you own or are purchasing-not leasing. (Mobile homes, motorcycles, boats) Find your title(s) and bring them to Court.  The Trustee needs to look at them to verify whether or not the creditor perfected their lien(s).  Go to the Secretary of State if you cannot locate the title.

3.  REAL ESTATE DOCUMENTATION.  BRING A COPY OF YOUR RECORDED DEED (Warranty or Quit Claim), a RECENT MORTGAGE BALANCE STATEMENT and a PROPERTY TAX BILL.  Your DEED should show the LIBER and PAGE # (stamped on DEED).  If you cannot find your DEED, go to your County Treasurers or Registrar of Deeds Office and GET ONE!!!

 

4.   BALANCE OF ANY COURT/ATTORNEY FEE.  All Court/Filing Fees must be paid in full before the Court will grant a discharge. Remember, the Bankruptcy Court does not take checks.

5.     DIVORCE JUDGMENTS. The Trustee will want to see what you were awarded in your divorce if you were divorced in the last 5 years. Bring a copy of your divorce judgment or decree.

    6.  RECENT PAY-STUB and LAST YEAR’S TAX RETURNS.  The Trustee will want to verify your income.

                       7.  401K and PENSION PLAN STATEMENTS, STOCK CERTIFICATES, BONDS, LIFE INSURANCE POLICIES, Annuity Savings plan statements, etc. 

  COPIES ARE OK! 

The Trustee COULD move for DISMISSAL of your Bankruptcy case if you do not provide the required REAL ESTATE and other documents you are supposed to bring!!!!!!!!!

NOTE: You should start ORGANIZING these DOCUMENTS now to avoid any last minute problems!!!!!   

                                

 

Law Office of Walter Metzen, 3156 Penobscot Building, Detroit MI 48226   888-4walter or (313) 962-4656 fax: (313) 962-4241 www.detroitbankruptcylawyer.com

1.   DRIVER LICENSE OR STATE I.D.

2.   SOCIAL SECURITY CARD  (or something with SS# on it)

3.   TAX RETURNS FOR LAST YEAR.

4.   TITLES for all vehicles.  This includes boats, mobile homes,  motorcycles.  (NOTE:  It is extremely important that you have the title to all vehicles that you legally own.  If you cannot find your title, you MUST go to the Secretary of State and get a duplicate title in time for your Court Hearing, otherwise you WILL have to come back for another hearing.  NOTE:  If you are leasing your car, you do not have an ownership interest and therefore do not have title.)

5.   IF YOU OWN OR ARE BUYING A HOUSE OR RENTAL PROPERTY,  YOU MUST BRING THE FOLLOWING:

                -DEED (warranty or quit claim) or LAND CONTRACT

                -MORTGAGE BALANCE STATEMENT ($ owed)

               -PROPERTY TAX BILL (SEV) shows assessed value

                -APPRAISAL IF YOU HAVE ONE (part of closing papers)

6.   DIVORCE JUDGMENTS if you have recently been divorced.

7.   RECENT PAY STUB, for a typical pay period.

8.   PENSION PLAN DOCUMENTS if you have a pension or 401k.

9.   STOCK AND BOND CERTIFICATES if you own these items.

10. BE SURE TO BRING BALANCE ON ATTORNEY FEE.

 

FAILURE TO BRING ANY OF ABOVE TO YOUR COURT HEARING, WILL RESULT IN ADDITIONAL COURT APPEARANCES, DELAY IN OBTAINING DISCHARGE OF YOUR DEBTS, OR COMPLETE DISMISSAL OF YOUR CASE!!!!!

COURT PROCEDURE ON THE DAY OF YOUR .341 HEARING

1.                 BE PREPARED: Be 15 minutes early. Know where you are going.

2.                 BRING ALL REQUIRED DOCUMENTS AND FEES.

3.                 YOU WILL BE ASKED THE FOLLOWING QUESTIONS AFTER BEING SWORN IN.          

• Please state your name and address.       

• When you signed the Bankruptcy petition was information contained therein true and accurate?

• Is the information true and accurate today?

• Are most of your debts more than 6 months old?

• Do you have more than $200 left over at the end of the month, after you pay all your necessary living expenses?

(NOTE: Your answer should be no, otherwise you should be in a Chapter 13 repayment plan)

If creditors should appear on your case, be prepared to briefly answer their questions pertaining to the use of their credit.  The entire hearing usually takes no more than 5 minutes.