U.S. Department of Justice

Office of the United States Trustee

Western District of New York

New Federal Office Building	(585) 263-5812

100 State Street, Room 6090	FAX (585) 263-5862

Rochester, New York 14614

INFORMATION AND DOCUMENTATION REQUIRED BY

ROCHESTER BANKRUPTCY TRUSTEES

AT §341 MEETINGS AND IN CONNECTION WITH

ABANDONMENT/LIFT STAY MOTIONS

I.	§341 MEETINGS OF CREDITORS: All Rochester Bankruptcy Trustees require the debtor and the debtor's attorney to bring the following information and documentation to the debtor's §341 meeting of creditors:

A.	PROOF OF VALUE OF DEBTOR'S ASSETS

1.	REAL PROPERTY

a.	appraisal, letter of valuation, or market analysis, prepared within one year of the bankruptcy filing, which contains the appraiser's name and qualifications, the opinion of value, information regarding comparables, and a statement that the property was actually examined OR

b.	closing statement referencing an arms-length sale within one year of the bankruptcy filing OR

c.	other satisfactory proof of valuation acceptable to the trustee as agreed to at the §341 meeting of creditors (a trustee might consider a recent full value assessment for the real property or the price reflected in a pending arms-length purchase and sale contract if the property was multiple-
listed)

2.	PERSONAL PROPERTY

a.	NADA valuation for motor vehicles, mobile homes, boats

b.	appraisal or letter of valuation prepared within one year of the bankruptcy filing which contains the appraiser's name and qualifications, an opinion of value, and a statement that the property was actually examined for all non-exempt personal property and tools of the trade

B.	COPY OF RECORDED DEED TO REAL PROPERTY OWNED BY DEBTOR (or excerpt from abstract of title referencing deed)

C.	CERTIFICATE OF TITLE FOR ALL MOTOR VEHICLES

D.	EVIDENCE OF MORTGAGE/LIEN BALANCES (recent statement)

E.	PROOF OF PERFECTION (copy of recorded mortgage, filed UCC-1, security agreement, judgment search, etc.)

F.	MOST RECENTLY FILED FEDERAL TAX RETURN

G.	RETIREMENT PLAN INFORMATION REGARDING TYPE OF PLAN AND AMOUNT IN PLAN ACCOUNT

H.	BANK STATEMENTS FOR ALL DEBTOR ACCOUNTS FOR THE THREE MONTHS PRIOR TO THE BANKRUPTCY FILING

I.	ADDITIONAL ITEMS MAY BE REQUESTED IN BUSINESS CASES

Failure to bring this information and documentation to the trustee at the §341 meeting of creditors may result in the meeting being adjourned--requiring both the debtor and the debtor's attorney to appear again at a subsequent meeting. The trustees agree that a debtor's attorney should already be reviewing all of the above items to prepare the debtor's schedules completely and accurately, so this should not create an extra burden.

II.	MOTIONS FOR ABANDONMENT AND MOTIONS TO LIFT THE AUTOMATIC STAY: All Rochester Bankruptcy Trustees require the movant to provide the following documentation and information:

A.	PROOF OF VALUE OF ESTATE PROPERTY

1.	REAL PROPERTY

a.	appraisal, letter of valuation, or market analysis, prepared within one year of the bankruptcy filing, which contains the appraiser's name and qualifications, the opinion of value, information regarding comparables, and a statement that the property was actually examined OR

b.	closing statement referencing an arms-length sale within one year of the bankruptcy filing OR

c.	other satisfactory proof of valuation acceptable to the trustee as agreed to at the §341 meeting of creditors (a trustee might consider a recent full value assessment for the real property or the price reflected in a pending arms-length purchase and sale contract if the property was multiple-
listed)

2.	PERSONAL PROPERTY

a.	NADA valuation for motor vehicles, mobile homes, boats (copy page from NADA book and highlight applicable portion) OR

b.	appraisal or letter of valuation prepared within one year of the bankruptcy filing which contains the appraisers name and qualifications, an opinion of value, and a statement that the property was actually examined

B.	COPY OF RECORDED DEED, OR EXCERPT FROM ABSTRACT OF TITLE REFERENCING DEED, OR CERTIFICATE OF TITLE OR OTHER PROOF OF OWNERSHIP (if these types of documents cannot be obtained by a non-debtor movant, then the motion should include a statement setting forth all current title holders)

C.	EVIDENCE OF PERFECTION OF ALL MORTGAGES AND LIENS AGAINST THE PROPERTY

1.	COPY OF RECORDED MORTGAGES, ABSTRACT OF TITLE, FILED UCC-1, LIEN SEARCH OR

2.	ATTORNEY'S AFFIDAVIT INCLUDING LIBER AND PAGE OF ALL RECORDED MORTGAGES AND LIENS

D.	EVIDENCE OF LIEN BALANCE (recent mortgage statement or other written proof)

Trustees request that no motions for abandonment be brought before schedules are filed or prior to the §341 meeting of creditors, absent extraordinary circumstances.

If the movant is requesting relief by way of stipulation (motion and proposed order), the movant should forward the original and one copy of the stipulation to the trustee for signature and include a proper size, self-addressed stamped envelope with sufficient postage so that the original stipulation can be returned.

Any questions should be addressed to the trustees at the §341 meeting of creditors or in writing to the trustee.