In addition to the information set out in the worksheets forms, you must file the following documents of information with your petition, or when specified, while your case is pending.
- Copies of all pay stubs, payment advices, or other evidence of payment received within 60 days before the date of filing of the petition by you from any employer.
- A statement of the amount of monthly net income itemized to show how the amount is calculated
- A statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition.
- A certificate from an approved nonprofit budget and credit counseling agency describing the individual or group briefing received by you.
- If you developed a debt repayment plan as a result of the briefing, a copy of the plan.
- A record of any interest you have in an educational individual retirement account or under a qualified state tuition program.
- A copy of your federal income tax return, or a transcript of the return, for the most recent year ending immediately before we file your case and for which you filed the return.
- If the court, the United States Trustee, or any other party to your case request it, you must tile with the court:
- A copy of each federal income tax return, or transcript of the return, required for each year while your case is pending at the same time filed with the IRS.
- A copy of each required federal income tax return that had not been filed with the IRS when your case is filed and that you subsequently file for any tax year for the three years preceding the date we file your case.
- A copy of each amendment to any federal income tax return or a transcript of each amendment tiled with the court pursuant to paragraphs (a) and (b).
- In a Chapter 13 case at certain intervals in your case, you must provide a statement, under penalty of paying, or your income and expenditures during the previous tax year, and of your monthly income, the statement must show how income, expenditure, and monthly income are calculated.
- The statement set out above must disclose the amount and services of your income, the identity of any person responsible with you for the support of your dependents, and the identity of any person who contributes to the household in which you reside.
- A document that establishes your identity, including a driver's license, passport, or such other document containing your photograph, or such other personal identification establishing your identity.
Generally most clients will deliver their completed work sheet and the other required material to our office within a few days. If they have not paid their attorney fee they will do so at this time. Once paid we then begin reviewing the material and will prepare the petition and associated schedules. Usually we will call you if there are questions regarding the paperwork.
This is a critical meeting. It must be done in person. You are signing your papers under oath that they are correct. You will be given ample time to review the paperwork. Your attorney will go over a each page carefully with you. This is a time to ask questions. We will make any corrections if needed at this time. The court assumes if you signed the paperwork you understood the same.
So I have signed my paperwork, what happens next?
You’re paperwork will be electronically filed with the court generally within the next two days, unless you are told otherwise. Approximately a week after the filing of your case, you will receive a notice in the mail that says “CHAPTER 13 NOTICE OF COMMENCEMENT”… there will be two dates on this notice. The first will be your 341 meeting. Unfortunately we are not able to pick or change the date and time of this meeting.
The second court date (in the lower middle of the page) you DO NOT need to appear, unless we direct you to do so. This is the “confirmation date”. At this meeting your plan is “confirmed”. It is after the Confirmation that the Trustee begins to send to your creditors, the money that you have paid into him.
First & Usually Only Court Appearance 341 Meeting
Your 341 meeting of creditors will either take place at the Wentzville Criminal Justice Center Wentzville, MO or at the Thomas F. Eagleton Courthouse, 111 South 10th Street in downtown St. Louis. This meeting is extremely important. Your attendance is mandatory. You will need to make arrangements to be there. Your case can be dismissed for failure to attend. You will need to allow for time to drive to and find a parking place. You will want to get there a little early to listen to the announcements and the other cases. It will help you to hear the questions on cases before yours. Dress is casual. Your attorney will meet you there.
The meetings usually last about 5 minutes. Plan to be there for at least 2 hours if you are at the end of the docket. Creditors are allowed to come and ask you questions. However, they usually don't bother to appear. The Trustee will place you under oath to tell the truth. The Trustee will ask questions about your situation, finances, property, and creditors. You will be asked if all the information you put in the "Debtor's statement" is true and accurate. The information should match what you put into your petition, schedules and statements. You need to look over your paperwork. Please stop by the office and pick up a copy of the Petition and if you find any errors, please let me know about them.
What do I need to bring to my meeting?
- You need to bring with you your drivers license (if your social security number is NOT listed on your drivers license, you will need to bring your social security card as well.)
- You need to bring LAST years tax returns with you
How should I dress for my meeting?
Casual is fine. No shorts, or sleeveless tops are preferred. Do not wear designer cloths or anything that would draw attention to you.
Who will be with me at my meeting and who is my meeting with?
Jack or Adriana Adams will attend this meeting with you. You will be meeting with the attorneys for the Chapter 13 Trustee, John LaBarge. The Trustee’s job is to have you swear in that everything you listed in your bankruptcy petition is true to the best of your knowledge.
How long will my meeting be?
Your actual meeting is generally less than five minutes, but plan to be there for at least an hour, waiting for your name to be called.
What will you be asked? The trustee is looking to find assets above the value of your exemptions that can be turned into money to be paid to your creditors. Anything below the amount of the exemptions you get to keep under almost all circumstances. The questions below are some but not all of the questions that may be asked of you. You do not need to memorize your lines.
The trustee will want you to hand to him or her a government issued photo I.D. and something that proves your social security number. If you do not bring these to court the trustee will not hear your case.
You will be asked to raise your right hand and placed under oath. If you lie you have done so under oath and will be prosecuted.
- What is your name and address?
- What is your place of employment and address?
- How are you compensated-how do you get paid?
- Do you work full or part-time?
- You have cars on you schedules?
- How did you arrive at the value of that asset(s)?
- You have listed X pieces of real estate on you schedules is that correct?
- How did you arrive at the value of the real estate?
- Are there other homes similar to yours in your area?
- What are those homes selling for?
- Did you list all your assets?
- Did you value them fairly?
- Do you have any errors or omissions?
- Did you read this paperwork before you signed it?
- Did you actually sign it?
- Are you expecting to inherit anything from any one?
When the trustee is done, if any of your creditors have appeared they get to ask questions briefly.