From the Trustee:
Friends:
As I am sure most of you know, effective with cases filed on December 18, and thus for Chapter 13 meetings of Creditors starting February 6, all meetings will be held on Zoom, following the procedures outlined by the United States Trustee Program. The UST has been providing all of the trustees and members of the bar, detailed information about the process. You should already be seeing the BNC notice language that provides a meeting number instead of a geographic location. Many particular items are left to local AUSTs and the individual trustees, but I encourage you and your staff to carefully read the materials that the UST has provided. Remember, although the trustee or staff attorney presides at the meeting, it is the UST’s meeting.
Some things that you should prepare for, at least in Chapter 13 cases:
1. PHOTO IDs AND PROOF OF SSN. 14 Days before the meeting of creditors, you will need to send to the Trustee a PDF of the image of the debtors’ social security number on an official document, like SS Card, W-2, 1099. You will also need to send the Trustee a high-quality PDF of an official photo identification that is sufficient to permit us to identify the debtors when the MOC begins. The better quality of the PDF, the more quickly and efficiently we can identify the debtors and complete the MOC process. There will be a special portal to send this information to. It is important that you send the ID and proof of SSN to this special address since access – even in our office – will be limited and, upon confirmation of the plan or dismissal of the case, this information will be deleted. By going to the Trustee’s web site (www.ch13nsh.com) and clicking on “Quick Links” you will be able to access the log in to upload documents. PLEASE make certain that you upload the tax return/transcript only in the link marked Debtor 1ID SSN Verification or Debtor 2 ID SSN Verification. Since the access to this information is restricted and later deleted, do not upload any other documents using this document type. If you do, it is as if they were not uploaded. If you need a password in order to upload any documents, including the ID and SSN documents,, contact our office.
2. TRUSTEE’S INFORMATION PACKET. Make certain that your clients are made aware that they will be receiving a packet from the Trustee’s office that will contain the Red Book, questionnaires, information on the three videos available on the trustee’s web site, and other information related to the meeting of creditors. This information is not intended to substitute for the information that you impart to your clients, but to reinforce the information that you provide.
3. WRITTEN QUESTIONS FROM THE TRUSTEE. 14 days prior to the Meeting of creditors, -please provide copies of the completed questionnaires to the trustee’s web site.
4. TAX RETURNS OR TRANSCRIPTS. Please continue to provide tax returns and transcripts to the Trustee’s office as you have in the past, using the special download facility on the Trustee’s web site. By statute, we will need to receive these at least 7 days prior to the MOC. Please impress upon your clients the need to get those to us in plenty of time to prepare for the meeting of creditors.
5. MAKE CERTAIN YOU ARE ZOOM READY. We have had the advantage of nearly four years of using Zoom for Chapter 13 Meetings of Creditors, so many of you are used to the use of the program.
a. Note that we are expecting you and your clients to log into the special Zoom meeting number at least 10 minutes prior to the meeting’s scheduled start time. You and your clients’ promptness will help us keep to our projected schedules and avoid delays for everyone.
b. You will need to make certain that both you and your clients can be seen at the same time by the Presiding Officer. This may require more than one device or camera.
c. Only the attorney, the attorney’s staff, can be present in the room where the debtors are present. I am told that in most cases the debtors attend the MOC at their attorney’s offices to expedite and facilitate the meeting.
d. Double check to make sure that your Zoom name is actually your name and your client’s names. Nicknames and fanciful screen names will only delay the process.
6. NEED AN INTERPRETER? If your client will need the services of an interpreter, make certain that you have advised the United States Trustee and the Trustee’s officer well in advance of the meeting. Double check that you know what language you will be needing and, if appropriate, any dialect.
7. CONTINUANCES. All of us will be hoping that continuances will be few and far between, since they delay the legal process and delay payments to creditors (including debtors’ attorneys). If you become aware that a continuance will be needed, please make your request for a continuance as soon as possible.
8. IF YOU REPRESENT A CREDITOR. Creditors are encouraged to attend the MOCs in which they have an interest. They may do so by Zoom or telephonically. Many of the points above will apply to creditors and their representatives. Important to remember is to appear on time for the MOC, make sure your Zoom name reflects your identity, and when you are asked if you have questions, be sure to announce not only your name but the entity which you represent. This information is necessary to complete the paperwork on our end, so make certain that you are ready to provide it before you exit the meeting.
9. FOR CLIENTS WHO SIMPLY CANNOT DO ZOOM. Over the past 4 years we have seen relatively few debtors who find it impossible to use the Zoom platform. The UST has established a means to obtain approval for a debtor to attend telephonically but requests must be made in advance. Most attorneys feel that debtors who are “technically challenged” do better if they attend at their attorney’s office.
Attending the MOC by video is as essential as attending in person was in the past. If your client does not have the technical ability or a device with which to attend the meeting and cannot attend from your office, plans should be made prior to the MOC for them to borrow a device from a friend or family member. Only in extenuating circumstances will permission be given to appear telephonically, by interrogatories, or rarer still – in person. If on the day of the MOC, the debtor finds they can not connect by video, they should connect by audio only. The trustee will attempt to trouble shoot the problem, but if no solution can be quickly found, the meeting will be continued to a later date.
If you have any questions or think that I have forgotten something, please let me know.
Henry E. Hildebrand, III
Chapter Thirteen Trustee
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