Meet Your Chapter 7 Trustees
The Central District Consumer Bankruptcy Attorneys Association (CDCBAA) hosted, an MCLE program on September 12th called, “The Chapter 7 Trustees.” Southwestern Law School co-sponsored the event and provided the wonderful location. The panel trustees consisted of Jeffrey I. Golden, Amy L. Goldman, David Seror, Diana C. Weil, and Edward Wolkowitz. The trustees set forth to air their “pet peeves” and reinforced their duties and obligations as set forth in the Handbook for Chapter 7 Trustees.
11 U.S.C. Section 341(a), known as the "meeting of creditors" is required and it is mandatory that the debtor appear in person before the trustee at this meeting. “Appearing in person” requires the debtor to bring their current valid driver’s license with any extensions and social security card. The trustee is looking for a substantial deviation from the name(s) reported on the petition and the identity of the person appearing before them. If there is a substantial deviation in the name, an amendment to the petition is a best practice.
In preparing the debtor for their 341(a) meeting, I will provide my clients with the 10 mandatory questions that the trustee must ask and make sure they bring their “current,” “valid” identification forms, a signed copy of their petition and I will bring a copy of their tax return.
As for priority at the section 341(a) meetings, we were advised the following: Even though small children are to be left at home, anyone with small children are likely to be handled expeditiously. One attorney commented that this is a little known priority and parents have been offered as much as five dollars for the use of their children for this priority. Otherwise, represented debtors are given priority at these meetings.
What is important to note is that the goal is to avoid a continuance. Disclosure and explanation is never a problem for the trustees and being helpful by noting any discrepancies is actually refreshing. We must continue to lead by example and assist the trustees in maintaining a respectful and dignified space in the hearing room for the benefit of all debtors.
mecca all the way into the crash in 2008. These option arm loans were sold here in California well into late 2007 and the "teaser" or introductory rates on these loans sold were 5, 7, and 10 year terms. This means that we have yet to see the end of the foreclosure crisis here in California because 
Considering the negative stigma around bankruptcy law and in light of our nation's economic woes, these cartoons are a refreshing departure. They're easy to read and understand. They take the law and break it down into layman's terms; a gift I rather admire. In BAPCPA MAN #2, he discusses the automatic stay as a force field that protects the debtor from their creditors. The cartoon is a fun explanation of the law and below the cartoon itself, are links that provide the reader with additional information on the topic discussed.
