Bankruptcy Lawyers Los Angeles - Meeting Of Creditors Chapter 13
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Bankruptcy Lawyers Los Angeles - Meeting Of Creditors Chapter 13

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c) MEETING OF CREDITORS - § 341(a)

(1)
Notice Service. Notice of the § 341(a) meeting of creditors and initial confirmation hearing date along with a proof of claim form shall be served on all creditors by the court at least 33 days before the date first set for the § 341(a) meeting of creditors.
(2)
Evidence of Income. The debtor shall provide evidence of current income (pay stubs, tax return or other equivalent documentation) to the chapter 13 trustee at least 8 days before the § 341(a) meeting of creditors. If income from third party contributors will be used to fund the plan, the debtor shall also provide evidence (declarations and pay stubs or other appropriate evidence) of the commitment and ability of the third party to make payments. Failure to provide this evidence timely may result in dismissal of the case, including but not limited to dismissal with a 180day bar to refiling pursuant to 11 U.S.C. § 109(g) if the court finds willful failure to comply with an order of the court.
(3)
Attendance Requirement. The debtor and debtor’s attorney shall attend the § 341(a) meeting of creditors. Unless otherwise ordered by the court, if the debtor does not appear, the case will be dismissed without further notice, and the court may impose a 180-day bar against refiling pursuant to 11 U.S.C. § 109(g) without further notice. If the case is a joint case, both debtors shall appear. If the debtor(s) fails to comply with this provision, the trustee shall prepare and lodge an order of dismissal with the court.
(4)
Required Reports. If the debtor is operating a business, the debtor shall submit to the chapter 13 trustee, at least 8 days before the § 341(a) meeting of creditors, the following reports required to investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business, and the feasibility of such business:
(A)
Projection of average monthly income and expenses for the next 12 months;
(B)
Evidence of appropriate business insurance;
(C)
Inventory of goods as well as a list of business furniture and equipment as of the date of the filing of the petition;
(D)
Monthly income and expense statements for at least the 6 months preceding the date of the filing of the petition, or for such shorter time if the business has been in operation for less than the requisite 6 months, signed by the debtor under penalty of perjury, including a statement regarding incurred and unpaid expenses;
(E)
Tax returns for at least 5 years or since the start of the business, whichever period is shorter; and
(F)
The trustee may request additional evidence, including but not limited to bank statements, canceled checks, contracts, or any other evidence to support the ability to fund the proposed plan.

If the chapter 13 trustee desires the foregoing information to be presented in a particular format, such format shall be made readily available to the public.

Failure to submit timely reports required above may result in dismissal of the case, with or without a 180-day bar to refiling pursuant to 11 U.S.C. § 109(g), if the court finds willful failure to comply with an order of the court.