Lawrence B. Slater, PLLC
16444 E. Pecos Road
(on Pecos Road, between Greenfield and Higley)
Gilbert, AZ 85295
ph: 480-835-6000
fax: 480-281-9952
lawrence
There are many details to know about the Trustee. You should read this page before filing to know what to expect; and again after filing to prepare for what documents will be requested by the Trustee; and again before meeting the Trustee so you can prepare for the questions that will be asked and you will know what to expect.
There are about a dozen Trustees available. When your case is filed, the next on the list will be appointed as your Trustee.
SEND DOCUMENTS REQUESTED BY THE TRUSTEE.
The Trustee will send you a list of documents you need to send to him (or her), and it is best if the documents are received by the Trustee at least a week or more before the Meeting. The Trustee usually requests the following: bank statements for the past 3-6 months; signed copies of federal and state tax returns for the past 1-2 prior years; deeds or titles for vehicles or boats or real estate or time shares; proof of current insurance on vehicles, showing collision and liability coverage; Kelley Blue Book "private party" value for vehicles (print from kbb.com over internet); divorce decrees; recent pay stubs and proof of income; recent retirment account statements; insurance policies; copies of drivers license and social security card; and other documents. There is a Questionaire with basic questions that needs to be filled out and returned to the Trustee. There is a Bankruptcy Information Sheet with basic information about Bankruptcy that you need to read and sign. You must sign and return the Statement Regarding Secured Consumer Debts, where you indicate whether you intend to reaffirm or surrender assets to creditors, such as house or vehicles. If you pay child support or spousal maintenance, you must fill out the form disclosing the terms. YOU MUST HAVE THE PRIOR YEAR'S TAX RETURN OR THE TRUSTEE WILL DISMISS THE CASE.
MEET THE TRUSTEE
The Trustee schedules a meeting about 35 days after the petition is filed. You must attend. Your Attorney also attends. BRING PHOTO ID AND PROOF OF SOCIAL SECURITY NUMBER (SOC SEC CARD OR PAYSTUB OR OTHER PROOF; NOTE, THIS MUST BE AN ORIGINAL DOCUMENT TO PROVE SOCIAL SECURITY NUMBER). The Trustee needs to see the requested documents before the meeting in case there are any questions for follow up. At your meeting, there will probably will be 5-10 other people with a meeting at the same time. The Trustee calls everyone up, one at a time, to answer the basic questions. Creditors can come, but they rarely show up.
DIRECTIONS: The Trustee meeting in Phoenix is at the Bankruptcy Court, 230 N. First Avenue, Suite 102. This is on the SouthWest corner of Van Buren Street and First Avenue. You enter through the metal detectors, walk to the end of the hallway, turn right, and look for the waiting room on the left. Expect to see a crowd of other debtors waiting to be called in for their meeting. Every half hour, the Trustee brings the next group into the meeting room. For parking, I use the lot at the SouthEast corner of Van Buren and First Avenue. Going Westbound on Van Buren, from Central Avenue, look on the left, and go up the parking ramp off Van Buren before you get to First Avenue. You can also take the Light Rail to the Van Buren stop!
THE MEETING: The basic questions asked by the Trustee at the meeting are usually: Name; daytime phone number; have you changed your address since you filed the BK; have you assisted the attorney in preparing the Statements and Schedules filed with the Court by the attorney; is all the information in there true and correct to the best of your knowledge; have you listed all your assets and all your debts; do you have any changes; have you signed the statements; have you filed BK before, and if so, has it been over 8 years; have you resided in Arizona for the greater part of the past 6 months before filing; have you filed BK before under a different name or social security number; do you have any lawsuits where you can recover money; have you given valuable money or property to a relative or an "insider" in the past 2 years; do you have assets in offshore accounts; have you transferred any money or property in the past year, other than what is disclosed in your papers; do you owe any child support or alimony, and, if so, are you current on your payments; have you turned down any inheritances in the past 4 years; do you expect an inheritance in the next 9 months; do you understand you have to send the Trustee your tax return for the next calendar year, and the Trustee may make a claim on your tax refund (if any); have you read and understood the Bankruptcy Information sheet. Additionally, the Trustee will look over your bank statements for the past 3 to 6 months, and may ask about any unusually large deposits or withdrawals. You should be familiar with your statements and be prepared to explain these (if any). You should be prepared to point out any errors to the Trustee in the court papers and we can file Amended papers to correct any errors.
If there is a spouse, he/she is asked if he/she heard the questions and answers and would he/she answer the same.
That's about it. The meeting is usually all over in about 3 minutes. After the Meeting, most clients leave wondering why they were so worried about such a short and unremarkable event!
It is the Trustee's job to be sure you disclosed all your income and assets and debts. The best prepared case is the one where the Trustee looks it all over and has no questions beyond the basics!
Copyright 2010-2013 Lawrence B. Slater, PLLC. All rights reserved.
Lawrence B. Slater, PLLC
16444 E. Pecos Road
(on Pecos Road, between Greenfield and Higley)
Gilbert, AZ 85295
ph: 480-835-6000
fax: 480-281-9952
lawrence