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Guiding people as they attend the 341 meeting of creditors in Chapter 7 bankruptcy

Homer W. McClarty has been a Chapter 7 Bankruptcy Trustee since he was appointed by the U.S. Attorney General in 1990. Mr. McClarty hopes this page will become an important online information resource for:

• Anyone assigned to Mr. McClarty as a Chapter 7 Panel Trustee in a 341 meeting
• Chapter 7  bankruptcy and you received notice for a 341 meeting
• Handling a client’s Chapter 7 bankruptcy case
• People who have filed for a Chapter 7 bankruptcy

 

What you must submit to the Chapter 7 Bankruptcy Trustee at least seven days prior to your 341 meeting

It is important that you submit the following documents to your Chapter 7 Bankruptcy Trustee seven (7) days prior to your 341 meeting. If you have an attorney representing you, your attorney will submit the required information to the Bankruptcy Trustee.

 

Please provide copies, not the originals, of the following documents:  (11 usc 521)

• Federal tax return ― last one filed with all schedules and attachments
• Real and personal property tax statements
• Proof of income ― wages, Social Security, unemployment and other sources ― starting from six weeks prior to your bankruptcy filing date
• Bank statements ― showing the balance in accounts for three (3) months

 

Please have available for review

• Real estate ― Comparative market analysis (CMA) or current appraisals and deeds that show ownership interest in all real estate you own
• Mortgage payoffs ― for all mortgages
• Vehicle titles for any vehicles owned in the three months prior to the bankruptcy
• Mobile or manufactured home titles
• Checks ― from 90 days prior to filing, with copies
• Credit card statements from three months prior to your bankruptcy filing date showing transfers totaling more than $500 to one creditor
• Documents showing transfers totaling $600 or more to any unsecured creditor in the three months prior to the bankruptcy
• Car payoffs ― on all loans and leases
• Divorce ― property settlement or judgment papers
• Lawsuits (in which debtor is a plaintiff) — name, address and telephone number of attorneys representing debtor in the matter.

 

Please refer to Bankruptcy Rules, Forms and Local Rule requirements for more information

 

Please send the requested information to:

• Morgan & McClarty, P.C.
  Att: Mr. Homer W. McClarty, Esq.
  19785 West Twelve Mile Road, #331
  Southfield, Michigan 48076

• Or pdf files can be submitted through email to: trustee@morganmcclarty.com
• Or fax to 248-352-7734

If you are the attorney of someone assigned to McClarty, then submit documents through DocLink. A registration key should have been provided.

 

Why the 341 meeting of creditors is important

A 341 meeting of creditors is mandatory for anyone who has filed for Chapter 7 bankruptcy. You must appear at this meeting before any of your debt can be discharged by the bankruptcy court. Your creditors will also be notified to attend this 341 meeting, but their attendance is not mandatory. This meeting usually takes place four to six weeks after you file for Chapter 7 bankruptcy. Your 341 meeting of creditors scheduled with Mr. McClarty, will be held at the time indicated on the letter you received from the bankruptcy court at this address:

• Federal Bankruptcy Court
  211 West Fort, 3rd Floor
  Detroit, Michigan 48226
  [Federal Court Map & Directions]

The Chapter 7 Bankruptcy Trustee conducts the 341 meeting with no judge present. If you are assigned to Mr. McClarty as your Chapter 7 Bankruptcy Trustee, he will preside over your 341 meeting of creditors. Mr. McClarty will ask you questions regarding the information you submitted to the bankruptcy court, your finances and your property. If any creditors attend this meeting, they will also have a chance to ask you questions, but they have a limited time to do so. These meetings typically last about 10 to 15 minutes, but each case is different. Remember that other people will also be going before the Trustee during the same hour.

When it is time for your hearing, the Trustee will call you by your last name and ask you, your attorney (if you have one) and your creditors up to the meeting table.

You must present to your Trustee:

• Photo identification ― Bring one of the following: driver’s license, U.S. passport, government ID, state picture ID, student ID, military ID, resident alien card
• Original proof of Social Security (make sure the full number is displayed), Social Security card, medical insurance card, W-2 form, IRS form 1099 or Social Security Administration report

You will be under oath at the 341 meeting when the Chapter 7 Bankruptcy Trustee asks you questions, usually to verify the accuracy of the information disclosed in your bankruptcy papers. It is important for you to fully understand the questions, as giving any false answers may have consequences. If you do not understand something, please say so. You must also speak clearly and loudly, as these meetings are recorded.

If no further information is needed, the Trustee will tell you that your meeting is concluded. This only means that you do not have to go before the Trustee again. Your case however, is still open. If your Bankruptcy Trustee needs to see more documents, another hearing may be set. If you can get this information to your Trustee in a timely manner, the Trustee may excuse you in writing and take this next hearing off the calendar. However, if your Trustee has more questions, you may have to attend. Your Chapter 7 bankruptcy case remains open until the court issues an order to close it.

 

When you need information you can count on

If you have any questions about what to bring to your 341 meeting of creditors for your Chapter 7 bankruptcy case, please contact your attorney; if you do not have an attorney, please refer to the information contained on this website or call Mr. McClarty at 248-468-4015 or contact Mr. McClarty online.