Typical Chapter 13 341 Hearing in San Francisco

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At a Chapter 13 341 hearing in San Francisco, the trustee asks questions about a person’s petition to make sure everything is accurate and nothing has changed since filing that the court is not aware of. 

Dependents and Property

The trustee may ask questions about Schedule I. Schedule I is about a person’s dependents.  The trustee may ask why someone keeps property worth less than the mortgage payments. To get rid of such property, the trustee will suggest the person surrender the property by amending the plan. A person loses money when there is a net negative payment.  The trustee would object if this loss occurs each month. 

Monthly Plan Payments

If a person is behind in paying the monthly amount to the trustee, the trustee will let the debtor know the amounts owed at the 341 meeting.  The payments are due on the 20th of each month. The trustee does not send an invoice.  The debtor can logon to the trustee’s website at www.burchardtrustee.com to find out the monthly payments, and amounts paid.  The login requires a debtor’s social security number.  The trustee sends a report on payments annually.  A person gets a letter from a creditor on default after filing bankruptcy when the debtor is not current on payments.  If payments are not current, the trustee may file a motion to dismiss a case.

Annual Submission of Tax Returns

In a Chapter 13, the debtor must submit a tax return to the trustee each year the case is in process.  The debtor should make sure to file tax returns on time.  If it is a new bankruptcy case, the debtor must submit a 2010 tax return for filings after March 2011.  If the trustee does not get a copy of the correct tax return, the trustee may file a motion to dismiss a case.

Case Goes to Pending if Information is Missing

After a 341 hearing, the trustee places a case to the pending list when there is missing information. Once a debtor resolves the deficiencies, the case is taken off of pending and puts it on a motion to dismiss or a confirmation list.  The debtor submits deficient information to a case analyst.  www.burchardtrustee.com lists all the case analysts for David Burchard. 

Filing Rules in San Francisco

In San Francisco, a debtor needs to know San Francisco rules for filings.  The rules are on the court website.  For example, a person who is self employed needs to make a self employment declaration.  This declaration is signed under penalty of perjury.  The declaration tells how much the monthly income is.