U.S. TRUSTEE PROGRAM EXTENDS TELEPHONIC OR VIDEO SECTION 341 MEETINGS
August 28, 2020
The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the President’s “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.
Attorneys, please complete, sign and return the Attorney Declaration of Debtor's ID and SSN prior to the 341 meeting. In the event you do not have copies of the Debtor ID and SSN in your files please return the Debtor Declaration form prior to the 341 meeting, which also has instructions for the telephonic hearings.
Debtor letter and declaration and Attorney Declaration
The forms with copies of the ID and SS cards MUST be received by this office either by yourselves or the debtor prior to the telephonic 341’s.
Email copies of debtor's driver's licence and social security card to his assistant Gaby - email@example.com.
There will be no in-person 341 meetings until further notice. An email invitation to join a Zoom meeting will be forthcoming and will contain a link and Member ID in order to participate in the 341 meetings. All meetings will be held at their scheduled date and time on the court docket, only via video or telephone conference. We are employing the Waiting Room feature with Zoom so please be patient after signing in as it may take some time before your meeting is called. Also, we are doing our best to be prepared but anticipate that there will be unforeseen issues to address as we move forward – again, thank you for your patience.
The following Trustee documents can be found HERE:
- Attorney Guidelines for 341 Meetings with Trustee, Roger Brown.
- Attorney Declaration for Debtors (Regarding Identification verification).
- Instructions for using Zoom and Teleconferencing.
Please feel free to email or call our office with any questions you may have: office hours 8:30 – 3:00.
Just to recap the notifications I have previously sent: Debtor identity documents must be uploaded without redaction on www.13documents.com.
Attorneys must be approved in advance for use of the website. If you are not registered, then go to the website and click the Register button. Many debtors assigned to me have not supplied their ID documents for the meetings of creditors. Identity documents are not to be combined with other documents.
COVID-19 procedures can be viewed HERE.
NDC: As you know, when the meetings are conducted in person, Edward Maney and I would pass around the NDC tablets to get debtors registered for the NDC website. Because of not having in-person meetings and not using the tablet, it is important for you to sign up your clients early on in the case.
TEN: Edward Maney and I are certified providers for the financial management course. At meetings of creditors, we would give debtors the TEN Brochure. If your clients do not have other arrangements, please have them use TEN. I have attached the brochure for my cases.
If you have any questions, let me know.
Attached are the document request and declaration regarding the Meeting of Creditors. Be advised that the document request and declaration ARE NOT going out to your clients, and are not going out to your assistants either. There are just too many email addresses to remember. Please make sure that your clients provide the trustee documents requested, via email (firstname.lastname@example.org), as soon as possible.
The hearings are going to be conducted telephonically. On the date and time of your client's hearing, you and your client have to dial 1-866-564-1773, and then enter the code 3149550# to enter the conference. This telephone number and code will be the same for any of my future 341 hearings.
341 Hearings will be conducted over the telephone rather than in person.
Procedure for Teleconference:
- At the time scheduled call 866-704-8215
- When prompted for the participant number dial 1059406
These documents are sent to debtors: Debtor Declaration and Letter.
- DECLARATION FOR AUTHENTICITY OF IDENTIFICATION DOCUMENTS
- DECLARATION FOR TELEPHONIC 341 MEETING OF CREDITORS
The Trustee will not be able to proceed with the meetings unless she has copy of debtor’s photo identification and proof of social security number and signed Declarations sent to her P.O. Box 5845, Carefree, AZ 85377 a week before the meeting.
At this time, all 341 hearings for all Chapters (including continued hearings) scheduled through April 10th are being continued. Please watch the docket and contact the Trustees for the new date. If the Court does not open by April 10th, the Trustees are discussing other options to hold hearings and address discharge dates.
341's are being conducted by phone. Call in number 866-453-3576, passcode 9154053.
To be determined.
Stanley J. Kartchner
To be determined.
I will conduct hearings by Zoom for those who are able to use the Zoom application, but the conference call line will also be open for those who can’t use Zoom. This will also allow creditors to appear.
I will set up a Zoom meeting for each day I conduct 341 hearings and I will send a meeting invite to attorneys on that calendar. You will need to pass the meeting invite (with the Meeting ID and Password) onto your clients and make sure they have Zoom downloaded on their phones or laptops. If they can’t use Zoom, make sure they have the Conference Call information (each trustee has a different line).
BEFORE THE MEETING please confirm identification by sending in a Declaration supported by copies of the identification. Attached please find Declaration templates that should be signed by each debtor or the attorney if you have personally met with the debtor and confirmed identification. My office is working on getting a document submission portal operational. Until that happens, please email the Declarations and copies of ID to 341ID@dcktrustee.com.
Next week I plan to host a practice Zoom meeting and encourage you to participate in that. If you have any questions, please reach out.
Robert A. MacKenzie
To be determined.
The 341 meetings will be held using Zoom and my teleconference line. Each of you will need a computer with a webcam and microphone. Most new laptops generally have these items built in. You can also use ipads and most smart phones.
For the debtors, I will request they appear by way of the Zoom video conference application. The reason being that I will be able to verify their identities. Make sure the debtors have their driver’s license and social security cards ready to review at the hearing. I have attached instructions for you and your clients to follow in order to appear by video. If your client’s appear by video, you will not have to provide declarations and an affidavits attesting to the debtor’s identity.
Please reach out to your clients and see if they are going to be able to appear by Zoom. Remember they can use Zoom on most smart phones. I would request you contact me either by email or phone and let me know if your client cannot appear via video. If debtors are not be able to appear by video, they can still call in on my teleconference line and I will conduct the 341 meeting. In that case, I will still need to see copies of the debtor’s driver’s license and social security card and I will also need an Affidavit from you attesting to the identity of the debtor and the authenticity of the documents. But this is only if the debtor cannot appear by video.
I would prefer to receive these documents prior to the continued 341 meeting. I would rather have the documents faxed to me, but you can email them if you do not have a fax machine. You will need to share these invitations with your clients. Below is the invitation to appear by video.
Each of you may appear via telephone if you can’t appear by video. I have been given a teleconference line by the UST that will allow you to appear by telephone. The toll free number is (866) 510-1030. The Passcode is 3288230. This is the same number your clients may use if they cannot appear by video.
I will be available to offer test meetings for those of you who would like check out how the video meetings will be conducted. The 341 meeting notice set out by the Court Clerk also has the teleconference number listed.
Here is the link to the Zoom website. https://zoom.us/ Please go to the website and get familiar with how the conferencing works. I imagine there will be difficulties with the video conferencing, but I ask for your patience. If you have any questions, or would like to have me run you through a test meeting, just let me know.
Join Zoom Meeting
Meeting ID: 863 6167 0067
Dial by phone (346) 248-7799
Note: This Zoom link, as well as the teleconference phone number were provided for use on the November 18, 2020 calendar. It may or may not be applicable for other dates.
Anthony H. Mason
341's are being held via Zoom. But a telephonic option is available when necessary. Detailed instructions can be found HERE.
Brian J. Mullen
341 meetings will be conducted by telephone. At the scheduled time, call 1-866-819-3854 then enter access code 8713604 followed by #.
In order for your meeting to take place, I will need to receive copies of debtor's SS Card or other government issued document that has the SS#, and a photo ID. Indicate on the copies debtor's name, time and date of the meeting, and the case#.
Brian J. Mullen
PO Box 32247
Phoenix, AZ 85064
Or, email to: email@example.com
Trudy A. Nowak
To be determined.
David M. Reaves
341's are being held by phone. Call in number 866-818-2544, passcode 2841854.
Jim D. Smith
To be determined.
Dale D. Ulrich
341's are being held by phone. Call in number 866-719-8663, passcode 8316700.
Lawrence J. Warfield
341's are being held by phone. ID's and other supporting documentation to be uploaded through his document portal, as provided for on his website HERE.