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Region 2

Frequently Asked Questions

General Questions:

 

Chapter 7 Questions:

 

Chapter 11 Questions:

 

Chapter 13 Questions:

 

 

 

General Questions:

 

 

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Q: Where are the Section 341(a) Meetings held?

A: Unless otherwise noticed, Section 341(a) Meetings will be conducted at:

 

80 Broad Street
4th Floor
New York, New York 10004

Driving Directions: Link to Map

Nearest Subway Stations: Link to Page with Subway Information

 

 

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Q: What information should I be aware of with respect to the Section 341(a) Meeting?

A: Debtors and/or other Parties Attending a Section 341(a) Meeting should read the following documents:

Notice to All Debtors and Parties Attending Section 341(a) Meetings. [PDF - 13 KB]

Notice of Required Identification. [PDF - 12 KB]

 

All Debtors are required to bring valid photographic identification as well as proof of Social Security Number.

 

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.

 

 

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Q: What is the procedure for obtaining a transcript of the Section 341(a) Meeting?

A: All Section 341(a) meetings are recorded. The party interested in obtaining a transcript must contact Myrna R. Fields of the Office of the United States Trustee at (212) 510-0500.

 

 

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Q: What is the procedure for obtaining information regarding a Debtor’s case?

A: All documents in the Debtor(s) case(s) are filed with Bankruptcy Court and are available electronically through the PACER system. The documents may be viewed free of charge on terminals located at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004, but there is a fee required to obtain a printed copy of the documents. Documents are accessible over the Internet to those who register for access to the PACER system and agree to pay a user fee for each document requested.

 

 

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Q: What is the procedure for amending a debtor’s incorrect Social Security Number (Effective December 1, 2003)?

A: Please review the instructions and Form B21 regarding the amendment of an incorrect Social Security number [PDF - 135 KB] . Please be advised that the failure to amend an incorrect Social Security number may result in the dismissal of a Debtor(s) case.

 

 

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Q: What is the procedure for filing a Proof of Claim?

A: All proofs of claims MUST be filed with the United States Bankruptcy Court for the Southern District of New York located at One Bowling Green, New York, New York 10004. DO NOT bring a proof of claim form to the Section 341 Meeting and DO NOT attempt to file your proof of claim form with the Office of the United States Trustee. A copy of a Proof of Claim Form may be obtained from the United States Bankruptcy Court’s Forms Page.

 

 

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Q: What is the procedure for obtaining information regarding claims filed against the Debtor(s)?

A: DO NOT contact the Office of the United States Trustee or the Chapter 7 trustee or the Chapter 13 trustee for information regarding a claim or claims filed against the Debtor(s). Information regarding claims filed against the Debtor(s) may be obtained from the United States Bankruptcy Court for the Southern District of New York in New York City – contact the Clerk’s Office at (212) 668-2870. Information regarding claims may also be obtained from the Debtor(s) counsel, or, if applicable, information regarding unsecured claims may be obtained from the Counsel to the Official Committee of Unsecured Creditors. Registered users may obtain information regarding claims filed against the Debtor(s) through the PACER system.

 

 

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Q: Where are the United States Trustee Fee Guidelines?

A:  United States Trustee Fee Guidelines [PDF - 192KB]

 

 

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Q: Where is the website for the United States Bankruptcy Court, Southern District of New York?

A: http://www.nysb.uscourts.gov/

 

 

 

 

 

Chapter 7 Questions:

 

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Q: What is the role of a Chapter 7 Trustee?

A: A Chapter 7 trustee is appointed in all Chapter 7 cases randomly from a panel of Chapter 7 trustees for the Southern District of New York, Manhattan Division. The Chapter 7 trustee administers the Chapter 7 case. The duties of the Chapter 7 trustee include the responsibility for conducting the Section 341 Meeting.

 

 

Chapter 11 Questions:

 

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Q: What is the Official Committee of Unsecured Creditors?

A: If there is sufficient interest among the Debtor(s) creditors, the United States Trustee appoints an Official Committee of Unsecured Creditors (the “Committee”). In most cases, a letter accompanied by a Creditor Committee Acceptance Form [DOCX - 15KB] is mailed to the twenty largest unsecured creditors requesting a response by return mail from creditors interested in serving on the Committee.

 

 

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Q: How are creditors appointed to the Official Committee of Unsecured Creditors?

A: In most cases, the United States Trustee solicits the interest of the Twenty Largest Unsecured Creditors by mailing the creditors a Committee Acceptance Form. If there are sufficient responses to the solicitation, the United States Trustee will form an Official Committee of Unsecured Creditors. In selected cases, the United States Trustee conducts an Organizational Meeting where the presence of the creditor or the creditor’s authorized representative (bearing a written authorization) is required. The United States Trustee forms a Committee by appointing creditors in attendance (in person or by proxy) at the Organizational Meeting.

 

 

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Q: What is the procedure for determining which creditors have been appointed to the Official Committee of Unsecured Creditors?

A: After the United States Trustee appoints a Committee, a Notice of the Appointment of a Creditors Committee is filed with the Bankruptcy Court (which notice is then available through the PACER system) and notice is provided to the Debtor(s) counsel and the appointed creditors.

 

 

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Q: Who conducts the Section 341(a) Meeting in a Chapter 11 case?

A: The United States Trustee conducts the Section 341 Meeting in a Chapter 11 case.

 

 

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Q: Where is the information pertaining to the Debtor’s Operating Guidelines, Monthly Operating Reports, the United States Trustee quarterly fees, etc.?

A: For additional information regarding Chapter 11 cases, including information regarding Debtor(s) Operating Guidelines, Monthly Operating Reports, the United States Trustee quarterly fees, etc., please visit the Chapter 11 webpage for the Southern District of New York Manhattan Division.

 

 

 

 

 

 

Chapter 13 Questions:

 

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Q: What is the role of the Chapter 13 Trustee?

A: Jeffrey Sapir, Esq., the Chapter 13 trustee, is appointed to administer all Chapter 13 cases. The duties of the Chapter 13 trustee include the responsibility for conducting the Section 341 Meeting.

 

 

Friday, September 27, 2013 1:02 PM