Trustee Blog

11 USC 341(d) Notice from US Trustee

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Riverside Bankruptcy Trustee Todd Frealy has duties that he must accomplish when he asks the debtors questions at the meeting of creditors. One of the duties is to make sure the debtors at the meeting of creditors have read the informational handout put out by the United States Trustee.

In Riverside, California this information is copied on a white legal sized pice of paper and is available on a tray on the desk which the Chapter 7 Trustee sits behind.  When your client arrives at the hearing, ask him to read this sheet.

The information sheet is from the US Department of Justice, Office of the United States Trustee. The information Sheet is mandated by the Bankruptcy Code at 11 U.S.C. 341 (d):

“(d) Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of—

(1) the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history;

(2) the debtor’s ability to file a petition under a different chapter of this title;

(3) the effect of receiving a discharge of debts under this title; and

(4) the effect of reaffirming a debt, including the debtor’s knowledge of the provisions of section 524 (d) of this title.”

The sheet describes what is mandated in the Bankruptcy Code:

The sheet talks about When You File Bankruptcy and the choice of Chapter 7, Chapter 13, Chapter 11 and Chapter 12.

The informational sheet describes “what is a Bankruptcy Discharge and how does it operate?” Then it talks about “what is a reaffirmation agreement?”.

Practice Pointer:

For Trustee Todd Frealy, your client has to have read this handout before the hearing is called for your client. If your client has not read the information, then he will put your client at the end of the list.

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