I received a Notice of Commencement of Case in Chapter 7 or Chapter 13 from the U.S. Bankruptcy Court, is it important?
May I have directions to the Section 341(a) Meeting of Creditors location or the United States Trustee’s Office?
I have missed the deadline in responding to the solicitation due date. Is it too late to respond and can I respond by fax?
Q: Where can I get information regarding my bankruptcy or copies of documents filed with the Court?
A: Requests for copies can be made through the Bankruptcy Court Clerk in the district where the case was filed. See links for U.S. Bankruptcy Court Clerks for the Northern District of New York (http://www.nynb.uscourts.gov/), Southern District of New York (http://www.nysb.uscourts.gov/) and District of Vermont (http://www.vtb.uscourts.gov/).
Q: I received a Notice of Commencement of Case in Chapter 7 or Chapter 13 from the U.S. Bankruptcy Court, is it important?
A: Yes, if you are the debtor, the Notice of Commencement of Case, among other things, notifies you of the Trustee assigned to your case and the date, time and location of the meeting of creditors at which you must appear.
If you are a creditor, it includes important deadlines regarding objecting to the debtor’s discharge or the dischargeability of a debt.
Q: What is a Section 341(a) Meeting of Creditors and do I have to appear?
A: Debtors must appear and submit to examination under oath at the meeting of creditors pursuant to 11 U.S.C. § 341(a). Creditors, indenture trustee, any trustee or examiner in the case or the United States Trustee may examine the debtor.
Q: What can I expect to take place at a Meeting of Creditors?
A: Debtors and joint debtors are asked to provide photo identification and proof of social security number by the Trustee assigned to the case. They can expect to be questioned under oath about their income, assets, liabilities and information provided in the bankruptcy petition and schedules.
Notice of Required Identification. [PDF - 26 KB]
All Debtors must read the Bankruptcy Information Sheet prior to the examination of the Debtor(s). Copies are available in Adobe PDF version in English, Spanish, Vietnamese, French, Chinese, Korean, Hmong, Tagalog, and Arabic.
Q: How do I obtain a copy of a Section 341(a) Meeting?
A: Requests must be made in writing to the Office of the United States Trustee, 74 Chapel Street, Suite 200, Albany, NY 12207. Please reference the case name, number and hearing date. Please enclose a blank Compact Disk (CD) and a postage-paid, self-addressed envelope.
Q: Can I get legal advice from the United States Trustee’s Office?
A: The staff of the United States Trustee’s Office is prohibited from giving legal advice.
Q: May I have directions to the Section 341(a) Meeting of Creditors location or the United States Trustee’s Office?
A: Please see the § 341 Meeting Locations page for driving directions.
Q: Do you accept service by fax?
A: No, service is not accepted by fax unless directed by Court Order.
Q: How do I find out about bankruptcy sales?
A: Bankruptcy assets are generally sold through court appointed real estate agents or auctioneers and are advertised just as any other real estate sale or auction in newspapers and publications. If a party is interested in a particular type of asset, a letter stating same may be sent to the Chapter 7 Trustees. A listing of Trustees is available through the Panel Trustees - Northern District of New York, Panel Trustees - Southern District of New York and Panel Trustees - District of Vermont pages.
Q: What do I bring to the Section 341(a) Meeting of Creditors?
A: Please see the Debtor Identification Notice [PDF - 26 KB] for acceptable forms of photo identification and proof of social security number. You should also bring any items that the Trustee has requested, through your attorney, prior to the meeting.
Q: What do I do if my social security number is incorrect on my bankruptcy documents?
A: A social security number reported incorrectly must be corrected. Please be advised that failure to amend an incorrect Social Security Number may result in the dismissal of a debtor’s case. Please refer to the Amendment Instructions below for the Court in which the case was filed.
Northern District of New York (Albany) Instructions for Amendment of Social Security Number [PDF - 33 KB]
Southern District of New York (Poughkeepsie) Instructions for Amendment of Social Security Number [PDF - 14 KB]
District of Vermont Instructions for Amendment of Social Security Number [PDF - 33 KB]
Q: How do I reschedule a Chapter 7 or Chapter 13 Section 341(a) meeting?
A: Attendance is required and requests for rescheduled meetings should not be made unless absolutely necessary. If circumstances arise which prevent your appearance at the meeting, please contact the Chapter 7 or 13 Trustee’s office whose name and telephone number appears on your meeting notice. Failure to appear at the rescheduled meeting may result in the dismissal of your case after notice and a hearing.
Q: I have a scheduled Chapter 7 or Chapter 13 meeting of creditors, what do I do in case of inclement weather?
A: Meetings are not ordinarily cancelled due to inclement weather. However, in the event of severe weather conditions, please contact the Chapter 7 or 13 Trustee’s office whose name and telephone number appears on the notice of commencement of case. If you are unable to contact the Trustee’s office, call our office. Please note that there is no telephone at the meeting location.
Q: Can I adjourn a Chapter 11 Section 341(a) meeting?
A: It is not our practice to adjourn initial meetings. If absolutely necessary, a meeting can be adjourned, by noticing the scheduled creditors of the adjourned date. Proof of notice is comprised of the notice, affidavit of service and copy of the creditors mailing matrix. The original notice with attachments is to be filed with the Bankruptcy Court with a copy provided to this office.
Requests for the adjournment of continued 341(a) meetings are approved at the discretion of this office. Appropriate notice to creditors and interested parties must be served.
Q: How can I get a copy of the U.S. Trustee Operating Guidelines?
A: Chapter 11 Operational Guidelines [PDF - 68 KB]
Q: How can I get a copy of the Monthly Operating Report Forms?
Q: When are operating reports due?
A: Financial statements shall be submitted as soon after the end of the month as possible and in no event later than the 20th day following the end of each calendar month.
Q: How are the quarterly fees calculated?
A: The fee is based on disbursements made during the days of the quarter that your case is open, and is not prorated for a partial quarter. The minimum fee applies when there are no disbursements, even if your case is open for one day of the quarter. The fee amount will be estimated if disbursements for all applicable periods have not been reported.
Please see link to payment schedule [PDF - 32 KB] .
Q: When are quarterly fee payments due?
A: Quarterly fee payments are due by the end of the month following a calendar quarter.
Q: Where do I mail quarterly payments?
A: Make your check payable to U.S. Trustees, write your account number on the face of the check. Send only your payment and the Quarterly Fee Payment Stub to: U.S. Trustee Program Payment Center, P.O. Box 70937, Charlotte, North Carolina 28272-0937.
Q: How long do I have to make quarterly fee payments?
A: Chapter 11 quarterly fee payments are owed until a case is converted, dismissed or closed by court (entry of a final decree). If one of the above events has been met, a quarterly fee will still be owed if all required payments due were not made.
Q: The quarterly fee was overpaid, what happens to the overpayment and can reimbursement be made?
A: It is suggested that the overpayment be applied to future fees that are owed for the reason that reimbursement can take several weeks to process. If reimbursement is necessary, a written request explaining the reason you believe a reimbursement is due, can be made to this office. Actual disbursement data for all pending quarters for which the data is lacking or incomplete is required before reimbursement can be processed.
Q: I need the status of a Chapter 11 Case, I am a creditor and have not been paid, who can I call?
A: The attorney for the chapter 11 debtor in possession can be contacted for this information.
Q: How are unsecured creditors notified about a creditors’ committee in a Chapter 11 Case?
A: Upon filing of a chapter 11 petition, the twenty largest unsecured claimants are solicited for membership on a creditors’ committee. The solicitation includes a Creditors’ Committee Acceptance Form accompanied by a letter of explanation.
Q: I have missed the deadline in responding to the solicitation due date. Is it too late to respond and can I respond by fax?
A: No, it is not too late to respond. Responses are acceptable by fax.
Q: What occurs after I submit my response?
A: In order for the formation of a creditors committee to be considered, positive responses are required. Once positive responses are received, a meeting is scheduled upon written notice by this office for the purpose of the formation of the committee.
If no positive responses are received, or there is an inadequate number to form a committee, the U.S. Trustee files with the Bankruptcy Court a notice of its inability to appoint a committee.
Q: How is my claim affected if I accept or decline to become a member of the committee?
A: Your decision whether or not to become a member of a creditors’ committee does not affect your claim. However, the existence and proper functioning of a committee is a key determinant to how unsecured creditors will be treated in a chapter 11 case. Service on a committee can give a creditor a direct role in the outcome of the case through the committee’s monitoring of the debtor’s business, participation in plan negotiations and other committee activities.
Q: Is it necessary to file a proof of claim in a Chapter 11 case?
A: You should read the explanation regarding filing proofs of claim on the Notice of Commencement of Case that you received from the Court.
Q: How much time will I have to commit to serve on the creditors’ committee, and what is involved?
A: The commitment in serving on a creditors’ committee is unique to the case and the members. The creditors’ committee is expected to act as the representative of the entire general unsecured creditor body and is entrusted with the responsibility of making important decisions on behalf of that group. The success of the case may depend on how well the committee functions as a group and the level of participation of each of its members.
Q: Where are the creditors’ committee meetings held?
A: The initial meeting to appoint the committee is held at the Office of The United States Trustee. Meeting locations and methods (i.e. teleconferencing, video conferencing) are determined by the committee members.
Q: Can I participate in the creditor’s committee formation meeting by telephone or video conference?
A: If a potential member cannot physically attend the scheduled meeting, participation may be allowed by teleconference or video conference. Please contact this office for the details in your case.
Q: Can I remove myself from the membership?
A: Removal of a committee member can be considered by the United States Trustee’s Office upon written request.
Q: Can committee members be reimbursed for expenses?
A: Although committee members are not entitled to compensation for their time in serving on the committee, the Court may authorize reimbursement for “necessary” expenses incurred in the performance of their duties as committee members. Expenses are paid from the debtor’s assets, but only to the extent of available funds. Further details will be discussed at the committee formation meeting.
Q: How do I know if a creditors’ committee was formed in a particular case?
A: Please refer to the Court Docket for “Notice of Appointment of Creditors’ Committee” or an “Inability to Appoint a Committee.”
Q: If there is a creditors’ committee appointed, can I get a copy of the appointment?
A: Committee members are served with a copy of the appointment. Other inquiries are referred to the Court’s website for a copy.