Adjournment of 341(a) Hearing Policy:
• Requests for adjournment of the 341(a) Hearing must be made no later than 2:00 p.m. on
the Thursday prior to the scheduled date.
• Adjournment requests will not be granted unless debtor has provided this office with a copy
of his or her most recently filed Federal Tax Return in compliance with 11 U.S.C. 521(e)(2) and all
other requirements listed above.
• If debtor fails to appear at the scheduled 341(a) Hearing, the Trustee will seek dismissal of
the case and will not adjourn the hearing unless the debtor can demonstrate that there was an
emergency, which prevented him or her from attending on the scheduled date. In addition, the
adjournment will not be granted unless debtor has provided this office with a copy of his or her
most recently filed Federal Tax Return in compliance with 11 U.S.C. 521(e)(2). Finally, as a
condition of the adjournment, debtor must provide this office with the certification, as mentioned
above, within 5 days of the missed hearing date. Again, if the required tax returns have not been
filed, debtor will be required to enter into a Consent Order setting forth a deadline to file same.
• Requests for adjournment of the 341(a) Hearing must be made no later than 2:00 p.m. on
the Thursday prior to the scheduled date.
• Adjournment requests will not be granted unless debtor has provided this office with a copy
of his or her most recently filed Federal Tax Return in compliance with 11 U.S.C. 521(e)(2) and all
other requirements listed above.
• If debtor fails to appear at the scheduled 341(a) Hearing, the Trustee will seek dismissal of
the case and will not adjourn the hearing unless the debtor can demonstrate that there was an
emergency, which prevented him or her from attending on the scheduled date. In addition, the
adjournment will not be granted unless debtor has provided this office with a copy of his or her
most recently filed Federal Tax Return in compliance with 11 U.S.C. 521(e)(2). Finally, as a
condition of the adjournment, debtor must provide this office with the certification, as mentioned
above, within 5 days of the missed hearing date. Again, if the required tax returns have not been
filed, debtor will be required to enter into a Consent Order setting forth a deadline to file same.
Documents Required for 341(a) Meeting:
1. A valid form of picture identification issued by a US federal, state or local government agency
[driver's license, passport, county identification].
2. Your social security card or proof of your social security number [W-2, statement from SSA, or
IRS, no copies of social security cards].
3. A copy of six (6) months of pre-petition payment advices upon which your income as
scheduled in the petition was based.
4. Most recent paystub prior to 341 Hearing for Debtor.
5. Current Market Analysis for your real estate, if any.
6. If applicable, letter on any personal injury/workman compensation, property damage claims
and approximate amount of settlement forthcoming.
7. Copy of most recently filed pre-petition federal tax return. Please see 341(a) Hearing Policy
and Adjournment Policy above.
1. A valid form of picture identification issued by a US federal, state or local government agency
[driver's license, passport, county identification].
2. Your social security card or proof of your social security number [W-2, statement from SSA, or
IRS, no copies of social security cards].
3. A copy of six (6) months of pre-petition payment advices upon which your income as
scheduled in the petition was based.
4. Most recent paystub prior to 341 Hearing for Debtor.
5. Current Market Analysis for your real estate, if any.
6. If applicable, letter on any personal injury/workman compensation, property damage claims
and approximate amount of settlement forthcoming.
7. Copy of most recently filed pre-petition federal tax return. Please see 341(a) Hearing Policy
and Adjournment Policy above.
341(a) Hearing Information
Marie-Ann Greenberg Chapter 13 Standing Trustee |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
341(a) Hearing and Adjournment Polices:
Please be advised that commencing June 28, 2011 the Chapter 13 Trustee will be
implementing this new policy in connection with 341 Hearings.
The Trustee will require that all proof of income, including 6 month Current Monthly Income and
Schedule I current income, (see below for more information on required proof of income) as well
as proof of value on real property, be provided to the Trustee in electronic form (pdf) no later than
the end of business on the Thursday prior to the scheduled hearing date.
If the required information is not provided by that time, the Trustee will not conduct the 341
Hearing and will not adjourn the date. In order to re-schedule the hearing, debtor’s counsel will
have to appear at the next Confirmation Hearing and make a request to the Court, otherwise the
case will be dismissed.
Debtor's last filed tax return should not be sent to the Trustee prior to the 341 Hearing and
instead should be brought to the hearing for the Trustee's review. The only exception to this
would be when an adjournment of the 341 Hearing is being requested in advance. Please see
adjournment policy below.
Please be advised that commencing June 28, 2011 the Chapter 13 Trustee will be
implementing this new policy in connection with 341 Hearings.
The Trustee will require that all proof of income, including 6 month Current Monthly Income and
Schedule I current income, (see below for more information on required proof of income) as well
as proof of value on real property, be provided to the Trustee in electronic form (pdf) no later than
the end of business on the Thursday prior to the scheduled hearing date.
If the required information is not provided by that time, the Trustee will not conduct the 341
Hearing and will not adjourn the date. In order to re-schedule the hearing, debtor’s counsel will
have to appear at the next Confirmation Hearing and make a request to the Court, otherwise the
case will be dismissed.
Debtor's last filed tax return should not be sent to the Trustee prior to the 341 Hearing and
instead should be brought to the hearing for the Trustee's review. The only exception to this
would be when an adjournment of the 341 Hearing is being requested in advance. Please see
adjournment policy below.
Paystubs required to be sent to the Trustee based on month of filing:
Month of Filing: Stubs Needed:
January Last December & First July
February Last January, Last December, First August
March Last February, Last December, First Sept
April Last March, Last December, First Oct
May Last April, Last December, First Nov
June Last May, Last December, First December
July Last June
August Last July, First February
September Last August, First March
October Last September, First April
November Last October, First May
December Last November, First June
Please note that this is if the stubs have YTD(year to date) gross income figures if they do not
have this figure then each and every stub for these periods is necessary.
Please also note that along with 6 month income verification a current stub must also be
supplied, this must be dated within 30 days prior to the 341 or dated post 341.
Month of Filing: Stubs Needed:
January Last December & First July
February Last January, Last December, First August
March Last February, Last December, First Sept
April Last March, Last December, First Oct
May Last April, Last December, First Nov
June Last May, Last December, First December
July Last June
August Last July, First February
September Last August, First March
October Last September, First April
November Last October, First May
December Last November, First June
Please note that this is if the stubs have YTD(year to date) gross income figures if they do not
have this figure then each and every stub for these periods is necessary.
Please also note that along with 6 month income verification a current stub must also be
supplied, this must be dated within 30 days prior to the 341 or dated post 341.