Marcia T. Dunn, Trustee
555 N.E. 15th Street, Suite 7712
Miami, Fl. 33132
Telephone: 786.433.3866 Facsimilie: 786.260.0269
Debtor Attorney Procedures
I. Documents Requested
In every individual and business case, the Trustee requires production of documents. These items must be produced to the Trustee in a timely (at least ten (10) days prior to the scheduled § 341 Meeting of Creditors) and complete manner. Failure to do so may result in the continuance or dismissal of the case.
The Trustee may request that you and the Debtor execute an agreement to extend the deadlines for objections to exemptions and discharge in the event the documents requested were incomplete or not produced, and/or she may otherwise continue the case. The forms itemizing the documents required are included, as follows:
A. If the Debtor is an individual or married couple, you must provide: Individual Document Request (see Exhibit 1 in Required Document Production for Attorneys) Note: that if the individuals owned or own a business during the last six years prior to the bankruptcy filing the debtor(s) must also comply with the corporate document request.
The Trustee may, from time to time, request additional documents not included in the standard requests and you must provide any additional requested documents.
II. Debtor’s Attendance at the Scheduled § 341 Meeting of Creditors
Make sure that your client is advised of the following:
a. Location of and directions to the § 341 Meeting room;
b. Requirement to be ON TIME;
c. Requirement of bringing identification (original driver’s license and original social security card);
d. Rules of conduct at § 341 Meeting - no talking, no food, beverages, newspapers, phones or cameras;
e. Appropriate dress and decorum
f. Choices with regard to translation services
g. Bring required information with regard to domestic support obligations
III. Requests for Continuance of 341 Meeting
Should a situation arise where the debtor is unable to attend a scheduled 341 meeting, counsel for the debtor must contact the Trustee's office to request a new date and time for the meeting. If the request for continuance is granted, the attorney for the debtor is responsible for re-noticing the meeting of creditors and filing such notice with the Court.
IV. Special Circumstances
If the debtor is unable to attend the 341 meeting due to special circumstances ( i.e. - incarceration, hospitalization), debtor's counsel should immediately notify the Trustee's office. Under extenuating circumstances the Trustee may conduct the 341 meeting telephonically. Debtor's counsel is required to be present at the 341 meeting room on the scheduled date and time and the debtor is required to have a notary present to verify the debtor's identity by viewing the debtor's driver's license and social security card.