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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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I know that bankruptcy 341 meetings can be held via correspondence

Resolved Question:

I know that bankruptcy 341 meetings can be held via correspondence under limited circumstances due to disability of the debtor. When a debtor is unable to attend the meeting he can file a motion for a correspondence hearing.

Where is the statute to find how this works?
And can I see a sample motion to hold the 341 meeting via correspondence?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 11 months ago.
I am a bankruptcy attorney and I would be happy to assist you. A 341 meeting is not eligible to be held via correspondence. I am sorry if you received information previously that was incorrect from another source.

In extreme circumstances, it may be held via telephone though. Even then, it is rarely granted. It may only be arranged with the trustee directly, and not be motion. Situations where a debtor may appear under telephone include the debtor being in the hospital. Being merely disabled is not enough. Even if a debtor is in a wheelchair or on crutches, they must attend in person. this may seem unfair; however, the rules apply to everyone, since the debtor must appear in person so the trustee can verify they are the ones who filed bankruptcy. Think of this as protecting you, since you would not want someone to steal your social security number and I.D. It is up to the debtor to make arrangements to get to the court house. Every federal court house is equipped with ramps & amenities for the disabled. If the debtor could not speak or was in a hospital they could not leave, then they can ask for the 341 by phone, in which case the debtor would have to pay for a person to swear the debtor in, in the debtor's presence, while they are on the phone with the trustee. Other situations include the debtor giving a Power of Attorney to a family member on their behalf, but this is also not typically permitted and must be approved in advance by the trustee. There is no motion for asking to attend a 341 by other means. Each case must be approved by the trustee directly and the trustee will provide you the forms needed or direct you to the court personnel who can give them to you. The trustee will not grant anything lightly, and instead will typically reschedule the 341 to a few weeks later when the debtor may attend. If you can not attend the 341 you must call the trustee's office directly as soon as possible and explain your circumstances. You may be able to ask for a telephone hearing and ask if they can send you the forms to request one. But remember, merely being disabled is not enough. Regardless, you should contact the trustee directly.

I hope my answer has assisted you and that you will leave me a positive rating.
Customer: replied 11 months ago.

What about this?


 


http://www.ncmb.uscourts.gov/policy-conducting-341-meeting-interrogatories

Expert:  Elizabeth Prentice replied 11 months ago.
You previously stated that you are located in Utah. North Carolina does not apply.
Customer: replied 11 months ago.

So do some states allow interrogatories and others do not and Utah is a state doesn't allow interrogatories for the 341?

Expert:  Elizabeth Prentice replied 11 months ago.
Correct. 341 meetings are left to the discretion of the local courts and their trustees, as well as the jurisdiction of the Ninth Circuit Courts. In Utah, your trustee has the discretion whether you may attend by phone or not. 341's by Interrogatories are not permitted in Utah or in any Ninth Circuit state, to my knowledge. You should contact your trustee directly if you will not be able to attend your 341 hearing or need to ask to appear by phone.
I hope my answer has assisted you and that you will leave me a positive rating.
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Elizabeth Prentice and other Bankruptcy Law Specialists are ready to help you

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