DOCUMENTATION
REQUIRED AT .341 HEARING PURSUANT TO LOCAL BANKRUPTCY RULE
2003-2
DOCUMENTS!!
REQUIRED
FOR COURT HEARING and office consultation.
DO
NOT FORGET TO BRING THESE DOCUMENTS
The
Trustee will MAKE YOU COME BACK for another Court hearing
or may move to DISMISS your CASE if you fail to bring any
of the required documentation. If you have already
supplied me with the documents, I WILL BRING THEM TO
COURT.
1.
PROPER
IDENTIFICATION:
DRIVER'S LICENSE or State ID and SOCIAL SECURITY CARD
(or W2 or Tax Returns or Health insurance card or
something with your social security # on it.)
2.
CAR TITLES
for cars you own or are purchasing-not leasing. (Mobile
homes, motorcycles, boats) Find your title(s) and bring
them to Court. The
Trustee needs to look at them to verify whether or not the
creditor perfected their lien(s). Go to the Secretary of State if you cannot locate the
title.
3.
REAL ESTATE DOCUMENTATION.
BRING A COPY OF YOUR RECORDED DEED (Warranty or
Quit Claim), a RECENT MORTGAGE BALANCE STATEMENT and a
PROPERTY TAX BILL.
Your
DEED should show the LIBER and PAGE # (stamped on DEED).
If you cannot find your DEED, go to your County
Treasurers or Registrar of Deeds Office and GET ONE!!!
4.
BALANCE OF ANY COURT/ATTORNEY FEE.
All
Court/Filing Fees must be paid in full before the Court
will grant a discharge. Remember, the Bankruptcy Court
does not take checks.
5.
DIVORCE JUDGMENTS.
The Trustee will want to see what you were awarded in your
divorce if you were divorced in the last 5 years. Bring a
copy of your divorce judgment or decree.
6.
RECENT PAY-STUB and LAST YEAR'S TAX RETURNS.
The
Trustee will want to verify your income.
7.
401K and PENSION PLAN STATEMENTS, STOCK
CERTIFICATES, BONDS, LIFE INSURANCE POLICIES, Annuity
Savings plan statements, etc.
COPIES
ARE OK!
The
Trustee COULD move for DISMISSAL of your Bankruptcy case
if you do not provide the required REAL ESTATE and other
documents you are supposed to bring!!!!!!!!!
NOTE:
You should start ORGANIZING these DOCUMENTS now to avoid
any last minute problems!!!!!
Law Office of Walter Metzen, 3156
Penobscot Building, Detroit MI 48226
888-4walter or (313) 962-4656
fax: (313) 962-4241
www.detroitbankruptcylawyer.com
1. DRIVER
LICENSE OR STATE I.D.
2. SOCIAL
SECURITY CARD (or
something with SS# on it)
3. TAX
RETURNS FOR LAST YEAR.
4. TITLES
for all vehicles. This
includes boats, mobile homes,
motorcycles. (NOTE: It is
extremely important that you have the title to all
vehicles that you legally own.
If you cannot find your title, you MUST go to the
Secretary of State and get a duplicate title in time for
your Court Hearing, otherwise you WILL have to come back
for another hearing.
NOTE: If
you are leasing your car, you do not have an ownership
interest and therefore do not have title.)
5. IF
YOU OWN OR ARE BUYING A HOUSE OR RENTAL PROPERTY,
YOU MUST BRING THE FOLLOWING:
-DEED (warranty or quit claim) or LAND CONTRACT
-MORTGAGE BALANCE STATEMENT ($ owed)
-PROPERTY TAX BILL (SEV) shows assessed value
-APPRAISAL IF YOU HAVE ONE (part of closing papers)
6. DIVORCE
JUDGMENTS if you have recently been divorced.
7. RECENT
PAY STUB, for a typical pay period.
8. PENSION
PLAN DOCUMENTS if you have a pension or 401k.
9. STOCK
AND BOND CERTIFICATES if you own these items.
10. BE SURE TO BRING BALANCE ON ATTORNEY FEE.
FAILURE
TO BRING ANY OF ABOVE TO YOUR COURT HEARING, WILL RESULT
IN ADDITIONAL COURT APPEARANCES, DELAY IN OBTAINING
DISCHARGE OF YOUR DEBTS, OR COMPLETE
DISMISSAL OF YOUR CASE!!!!!
COURT PROCEDURE ON THE DAY OF YOUR
.341 HEARING
1.
BE PREPARED: Be 15 minutes early. Know where you
are going.
2.
BRING ALL REQUIRED DOCUMENTS AND FEES.
3.
YOU
WILL BE ASKED THE FOLLOWING QUESTIONS AFTER BEING SWORN
IN.
-
Please state your name and address.
-
When you signed the Bankruptcy
petition was information contained therein true and
accurate?
-
Is the information true and accurate
today?
-
Are most of your debts more than 6
months old?
-
Do you have more than $200 left over
at the end of the month, after you pay all your
necessary living expenses?
(NOTE: Your answer should be no, otherwise you should be in
a Chapter 13 repayment plan)
If
creditors should appear on your case, be prepared to
briefly answer their questions pertaining to the use of
their credit. The
entire hearing usually takes no more than 5 minutes.