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Hybrid Hearing Guidelines for Judge Taylor, Department 3
Covid-19 Resources Compiled by Chief Bankruptcy Judge Margaret M. Mann and Law Clerk Shelby Poteet
A Message from Len Ackerman: Joint Instructions from the San Diego Chapter 7 Trustees in the Wake of the Covid-19 Pandemic
Below are instructions on how to deal with ID verification, attendance/oath, interpreters and guideline documents for your immediate use.
A. TRUSTEE QUESTIONNAIRE/BANKRUPTCY INFORMATION SHEET
Links to the Trustee Questionnaire and the Bankruptcy Information Sheet are below. Please note that the Trustee Questionnaire has been slightly revised to add a new paragraph 2 stating “Have you reviewed the Bankruptcy Information Sheet and do you understand the information contained therein”. As you may know, this question is required to be asked at the 341(a) meeting and normally most lawyers provide their clients this form at the 341(a) meeting. Starting immediately, please make sure your clients have the Bankruptcy Information Sheet and the Questionnaire prior to the 341(a) meeting and PLEASE UPLOAD THE SIGNED QUESTIONNAIRE with your other edocs (or as soon as practicable, if edocs have already been submitted).
Bankruptcy Information Sheet: https://www.justice.gov/ust/bankruptcy-information-sheet-0
B. TELEPHONIC 341 MEETINGS
All 341(a) meetings must be done telephonically. The phone-in information for your meeting is located in paragraph 7 on the Amended Notice of Chapter 7 Bankruptcy Case. Please keep in mind that the dial in information can change from trustee to trustee, so always confirm with the notice. Please also ensure that your clients have this information. Please ensure that your clients understand that there will be multiple matters on the same telephone line and that they may have to wait until their matter is called. Please ensure that your clients (and you) know to be on mute until the particular matter is called and to be in a quiet place when they are on the call. Also, please make sure NEVER to put the call on hold.
C. ID VERIFICATION
Please have your clients provide TO YOU a screen shot, or you can review by video conferencing, facetime or other like means, their photo ID and social security number (or you can still obtain a copy of their W2/1099 or other acceptable document to verify SSN).
Then, complete the Declaration Confirming Identity and Social Security Number found below and edoc the Declaration with a copy of the photo id and SSN evidence in a separate edoc to the Trustee, within 14 days of filing the bankruptcy petition (or for cases filed prior to March 25, 2020 ONLY, no later than seven days prior to the 341(a) meeting).
Please notify your Trustee in the edocs package, or as soon as possible, of any interpreters needed for your cases. Your case may need to be moved to a different time slot when an interpreter can also be on the conference line.
E. E DOCS
Please take special care to ensure that all supporting documentation is uploaded within 14 days of the filing of the bankruptcy petition (or for cases filed prior to March 25, 2020 ONLY, no later than seven days prior to the 341(a) meeting). Your cooperation with all of the above and especially with timeliness is especially appreciated during these difficult times.
This is a very difficult time for all of us. Your cooperation with the above is greatly appreciated.
Leonard J. Ackerman
Chapter 7 Trustee
Covid-19 Links & Resources
An Article by Gary Elmer, Esq. Re The Bankruptcy Venue Reform Act of 2019:
The San Diego Bankruptcy Forum is pleased to present the following article by Forum Director Gary Elmer from Ciardi Ciardi & Astin on the Bankruptcy Venue Reform Act of 2019:
See our member's only page for additional links and resources.
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