Here are some tips for Chapter 7 Trustee Lynda Bui’s meetings of creditors. These are ideas that will assist you and your clients.
Riverside Chapter 7 Trustee Lynda Bui has a unique way to deal with continuances on her meeting of creditors calendar. If the 341(a) meeting is not concluded, then she will continue the matter to another day. The unique feature is that she asks counsel if he or she will waive notice of the continued hearing. If the counsel says yes, then no formal notice will be sent to counsel or the client. The notice will show up in the court docket, but no letter will be sent.
The practice pointer here is to ask the trustee to say when the continued hearing is and to write down the day and time of the continuance. Then call the trustee’s assistant the day before the continued date to see if the matter will go forward.
Trustee Ms. Bui tends to set her continued cases for the afternoon of her next scheduled calendars. It is not uncommon for her to set continued matters for 3:00pm or 4:00pm on the next calendar. This times are usually “holding dates”, but it is important to verify with Ms. Bui’s assistant in Riverside to make sure that the trustee does want to client to attend. These late afternoon hearings are usually for cases for which the trustee is investigating the debtors and assets of the debtors. The Practice Pointer is to make the call, so the Trustee does not expect your client and he does not show up.
Bankruptcy Information Sheet
Another characteristic of Chapter 7 Trustee Bui is that she requires the client to read the green Bankruptcy Information Sheet prior to being examined. Some trustee’s will allow the client to read the green sheet after the hearing, but Ms. Bui is a stickler that the green colored Bankruptcy Information Sheet provided by the United States Trustee must be read prior to the hearing.
Ms. Bui asks the client during the hearing if she has read the Bankruptcy Information Sheet. If the client says “no”, then Ms. Bui stops the hearing and has the client sit in the audience and read the information flyer.
The Practice Pointer here is to either sent the client a copy of the US Trustee’s Bankruptcy Information Sheet prior to the hearing or immediately have the client read the green sheet upon arrival at the meeting of creditors.
Salmon Colored Sheet
As we have mentioned in previous posts, Trustee Bui also has a salmon colored sheet she asks the client to complete and sign. This sheet is available on the table in front of the trustee’s assistant. Again, if this is not filled out prior to examination, the trustee will trail you mater.
For Chapter 7 Trustee Lynda Bui’s meetings of creditors in Riverside, have you client arrive EARLY as the client has to read a green Bankruptcy Informational Sheet and complete a salmon colored questionnaire PRIOR to the meeting of creditors.