- The trustee has instructed the debtor to provide a title for a vehicle, but the debtor no longer has the title. How do I obtain a copy?
- What are acceptable forms of picture identification at the 341(a) meeting of creditors?
- What is acceptable for proof of social security number at the 341(a) meeting of creditors?
- What if a debtor is unable to attend the section 341(a) meeting of creditors?
- The 341(a) meeting of creditors has been adjourned to 8:59 a.m. (or 8:49 a.m.). Does the debtor or debtor attorney have to appear?
- I agreed to make payments to the trustee. To whom do I write the check?
- The debtor received a discharge. This means the case is closed, right?
- The debtor moved. Does anyone need notification?
- The case is still open and the debtor would like to sell his or her home or refinance it; is that possible?
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The trustee has instructed the debtor to provide a title for a vehicle, but the debtor no longer has the title. How do I obtain a copy?
There are two forms available (on this website) that allow an attorney or the debtor to obtain a copy of a vehicle title, whether or not the title is still in the debtor's name.
If the title is still in the debtor's name, you may request the debtor's records from the state.
If the title is no longer in the debtor's name (title is usually transferred to the creditor shortly after repossession), you will request "another's" records from the state.
On either form, request a "partial title history" and write in a date when it is known that title was in the debtor's name. You may write "ownership to cover June 1, 2007." You do not need to list the owner name or address.
It is important that you mail these forms to the address listed on the form. Most local branches of the Michigan Secretary of State are not familiar with these forms.
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What are acceptable forms of picture identification at the 341(a) meeting of creditors?
Acceptable picture identification includes the following: (1) valid driver’s license, (2) a government ID, (3) a state picture ID, (4) a student ID, (5) a US passport, (6) a military ID or (7) resident alien card. Any other form of identification must be approved by the Office of the U.S. Trustee.
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What is acceptable for proof of social security number at the 341(a) meeting of creditors?
Acceptable proof of social security number includes: (1) a social security card, (2) a medical insurance card, (3) a pay stub, (4) a W-2 form, (5) an IRS form 1099, or (6) a Social Security Administration report. Any document must be an original and include the complete social security number. Any other form of proof must be approved by the Office of the U.S. Trustee.
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What if a debtor is unable to attend the section 341(a) meeting of creditors?
With the consent of the chapter 7 trustee and Office of the U.S. Trustee, a debtor may appear for the meeting of creditors by telephone where appropriate (for example, the debtor is in the military out-of-state or in prison).
The debtor's attorney (or the debtor, if the debtor is not represented) should contact the chapter 7 trustee to discuss such a request.
Please note the debtor must have a copy of the signed documents filed in the case which can be referenced during the telephonic meeting.
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The 341(a) meeting of creditors has been adjourned to 8:59 a.m. (or 8:49 a.m.). Does the debtor or debtor attorney have to appear?
No. Those times are for control purposes only and no meeting will actually be held. However, if the meeting is scheduled for 9:01 a.m., the debtor is required to appear again, unless excused in writing by the trustee (typically after requested documents have been provided).
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I agreed to make payments to the trustee. To whom do I write the check?
Make all payment forms (checks, money orders, etc.) payable to Kelly M. Hagan, Trustee or Estate of X (where X is the name of the bankruptcy estate).
Please be sure to reference the case name on the payment form if you are not the debtor.
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The debtor received a discharge. This means the case is closed, right?
No. The discharge is the order which states that you are no longer legally responsible for certain debts. The court must still generate an order closing the case, which will take another few weeks, at a minimum. Depending on whether yours is an asset case or there is litigation, or for other reasons, it may take years for your case to actually close.
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The debtor moved. Does anyone need notification?
The debtor is required to keep the court and trustee advised of a current mailing address until the case is closed. Please complete the change of address form (available on this website) and mail the original to the court, with a copy to the trustee.
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The case is still open and the debtor would like to sell his or her home or refinance it; is that possible?
Not without the trustee's consent or an abandonment. All of the debtor's property is now the property of the bankruptcy estate. Until the case is closed, the trustee is responsible for the administration of all of the debtor's property (house, cars and all other property the debtor owned before the bankruptcy). Until the case is closed, the debtor cannot sell, refinance, or further encumber any of that property, unless the trustee has abandoned the property or there is an agreement with the trustee.
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