​Douglas W. Neway
Office of the Chapter 13 Trustee
Middle District of Florida - Jacksonville Division

341 Information

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While we are doing telephonic 341 meetings, we are sending an email in advance of the meeting with items we are needing or matters that should be reviewed.  This was not done before with the in person meetings as we were not under the same time constraints.  In general though, the following is what we require for all 341's and our review of the case. 

 

All information should be to our office no later than 2 weeks prior to the meeting.

Non – business debtor: 

• 2 years of the federal income tax returns. These must be complete with all schedules.

• proof of all income including but not limited to pay advices for six (6) months preceding the filing of this petition.  This includes the required proof of social security income, pension income, and/or affidavits as to any period of time that they have no income.  It also includes proof of income for the non-filing spouse if applicable. 

 

Business debtor w/out trade credit: 

• 3 years of the federal individual income tax returns.  These must be complete with all schedules.

• If they file separate business taxes then the last 3 years of those taxes

• Monthly profit and loss statements for the six (6) months prior to filing the bankruptcy petition and corresponding bank statements (personal and business)

 

Business debtor w/ trade credit or if specifically requested by the Trustee: 

• 3 years of the federal individual income tax returns.  These must be complete with all schedules.

• If they file separate business taxes then the last 3 years of those taxes

• Monthly profit and loss statements for the six (6) months prior to filing the bankruptcy petition and corresponding bank statements (personal and business).  These reports and bank statements must continue each month thereafter until we file the Business Investigation report. 

• Completed Business Questionnaire 

 

ACH – proof of direct automatic payments to creditors if the debtor’s plan says the payments will be paid outside.

 

Only upload documents into the exact category they are listed for, i.e. do not put the 2019 tax form in 2019 tax affidavit drop down.  Do not put business taxes in the tax category but upload them into “Business Tax Documents, All Years”.   All proof of income (wages, pension, ssi,…) goes in “Payment Advices”.  Profit and Loss statements for a business go in “Business Profit & Loss Financial Statements”. 

 

Please upload documents in 1 package – so all of the pay advices for debtor 1 should be in 1 pdf upload, in date order.  Put all profit and loss statements in 1 pdf image in month order (they must be broken out monthly – not a summary of 6 months).  Do not attach the 2018 taxes and then separately attach the W-2’s or 1099s; that is all one document that would be uploaded as 1 pdf under the “insert tax year here Form”.

 

If we ask for an item and there is no specific drop down event for that item, do not upload it into Bankruptcy Documents.  This would be an item like the copy of a deed or title to a vehicle.  There is no item for that on 13documents so do not provide them there – send them directly to attorneys@ch13jaxfl.com.

 

There is also an item titled “Debtor Request for Tax Refund” – that only applies to confirmed cases.  Our position is that any tax refund received prior to confirming the plan is taken into consideration with the liquidation analysis.  After confirmation, the Debtor is required to provide the refunds automatically but if they have a reasonable basis to request it returned to them, then upload the request and all proof as an attachment to the request. The Trustee the reviews it and agrees or not.

 

If your client has a Domestic Support Obligation, please fill out the Domestic Support Questionnaire and provide it to us as soon as possible. 

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If you know you need an interpreter (which you should know with the initial intake of the case), please contact us as soon as the case is filed.  The manner in which we have to accommodate the translators means we have to usually set aside about ½ an hour to make sure all matters are covered and everyone has a chance to participate.

 

If you need a sign language interpreter then we have to have at least 3 weeks’ notice before the 341 date to obtain one.

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