After the Filing of the Chapter 7 Petition, but Before the First Meeting: The Trustee Letter! With the Bankruptcy Information Sheet Attached!

After you file a Chapter 7 Consumer Bankruptcy in the District of Arizona, you get to fill out more forms and collect more documents.

But wait, you'll say. I already filled out those horrible bankruptcy schedules and petition, and I did a darn good job! I deserve a rest!

Well, maybe. But you won't get one. Because if you don't get the trustee what the trustee wants and needs to administer your bankruptcy estate, you won't get your bankruptcy discharge, which is the reason you filed in the first place.

So buckle down, grit your teeth, and get the info back to the trustee who was lucky enough to draw your case.

Here is a representative Trustee Letter from David Birdsell that was conveniently sitting on the internet. David Birdsell is an experienced, well-respected Bankruptcy Trustee in the District of Arizona, and his Trustee Letter is likely to be similar to the one you'll receive from your bankruptcy trustee.

Before you go further on this page, feel free to go to David Birdsell's website and see his trustee letter AND the Bankruptcy Information Sheet, as well as his FAQs, which are useful and important, here. Note that he calls the Trustee Letter something else: the 341 Information Request Letter.

So read this one, and understand that it is vital that your bankruptcy trustee gets this stuff on the schedule he or she requests. It doesn't matter if it's inconvenient; fit in as much time as it takes, and be DILIGENT in filling it out.

The Trustee letter that I'm about to plug in here may or may not be similar to the one you receive just after you file your Chapter 7 Bankruptcy Petition.

What will also be similar is The Bankruptcy Information Sheet, which you'll be asked about at the First Meeting of Creditors. At that hearing, the trustee will ask if you've read and understood the Bankruptcy Information Sheet, and if your answer is not yes, the hearing will be continued until the answer is yes.

HERE IT IS; A REPRESENTATIVE TRUSTEE LETTER THAT YOU'LL RECEIVE AFTER YOU FILE YOUR BANKRUPTCY (NOTE THAT THE FORMATTING HAS SUFFERED IN THE COPYING):

DAVID A. BIRDSELL
BANKRUPTCY TRUSTEE
216 N. CENTER
MESA, AZ 85201
(480) 644-1080 OFFICE
(480) 644-1082 FAX
Date: ________________________
Name and Address:
_____________________________
_____________________________
_____________________________
_____________________________
RE: BANKRUPTCY CASE NUMBER:_____________________________
Dear Chapter 7 Petitioner:
I have been assigned as the Trustee for your bankruptcy case.
As a representative of the Court, it is my responsibility to determine whether or not you have any assets
which can be reduced to cash in order to bring about a dividend to your creditors.
It is important that you are aware that your case will remain open until all of my requests have been satisfied.
Even after you have received your discharge in the mail, your case will remain open and your
discharge will be subject to revocation if you fail to meet any of the Trustee's requirements. The
following are the minimum requirements of your Trustee:
Check if enclosed, (if not applicable please write "n/a"):
1) Copies of your 2006, 2007, 2008 and copies of your 2009 federal & state tax returns
when you complete them in 2010 (Send 2009 returns only if requested). (complete
returns please). If you do not have your tax returns, request transcripts by calling
the IRS @ (800) 829-1040 & AZDOR (State) @ (602) 255-3381 or (800) 352-4090.
2) Any tax refunds you receive after your date of filing bankruptcy including
your 2008 tax refunds are the property of your bankruptcy estate. Refund
checks may not be cashed by you and must be turned over to my office. Do not
endorse the back of your refund checks. If you receive direct deposit you will need
to cut a cashier's check for the amount matching the refund listed on the tax returns.
This includes tax refunds from any other prior years. Failure to do so will result in
my objection to your bankruptcy discharge.
3) Date and amount you received your last tax refunds
Date: Federal:$ Date: State:$
4) Copies of all auto, boat, motor home, mobile home and any other recreational
vehicle titles or registrations, payoff statements and proof of insurance.
When sending in
documents, please
do not use staples!
Page 2
Name(s): _____________________________
_____________________________
Instructions to Debtors
March 10, 2009
5) Copies of your last six months bank statements for each checking, savings and
investment accounts(s) held in your name(s) plus the month covering your
bankruptcy filing date. (All pages please)
6) Copies of your last six months pay stubs
7) Complete copies of any divorce decree, separation agreement, alimony/child support
orders and property settlements entered by a court during the last 3 years to which
you were a party
8) Copies of the last statements you received from your pension, 401K or IRA
accounts
9) ______ Complete questionnaire regarding life insurance policies. Also include a current
statement showing the cash surrender value of any life insurance policy (if it
applies to you)
10) Copies of the last two year tax returns of any corporation or partnership of which
you are a partner or shareholder
11) Real property mortgage application, declaration page of homeowner's
insurance policy, latest tax assessment page from the county and mortgage
payoff statement
12) If you own a timeshare or any other real property other than your primary
residence, supply copies of any and all information regarding your
ownership
Other Requirements:
1) Be prepared to turnover to the Trustee any non-exempt assets. (tax refunds are not exempt)
2) Please complete enclosed questionnaire regarding your vehicle(s).
Do not drive any non-exempt vehicles without insurance
3) If you own a business, it is your responsibility to file all payroll reports and W-2's
4) Be prepared to turnover any personal or business records
5) You will receive a notice in the near future regarding your 341 hearing which you are required to
attend. When you prepare to come to this hearing please be advised that you must bring with you
two (2) forms of identification:
a) PHOTO IDENTIFICATION (approved forms: state driver license, state issued picture identification
card, passport or legal resident alien card.)
b) SOCIAL SECURITY IDENTIFICATION (approved forms: social security card, a
W-2 form for the most recent tax year, recent pay stub or other official document which identifies
your name along with your social security number)
6) Mail, email or fax this checklist with your documents and signed attached statement as soon as
possible, after receipt of this letter and AT LEAST 10 BUSINESS DAYS prior to your 341
hearing (first meeting of creditors). Submit by email to: maryt@azbktrustee.com.
Thank you for your anticipated cooperation regarding these requests for documents and information.
Very truly yours,
David A. Birdsell
Bankruptcy Trustee
VEHICLE QUESTIONNAIRE:
Number of vehicles:________ (if more than 3, please put additional vehicle(s) on extra sheet of paper
and attach to this questionnaire)
Vehicle #1 Vehicle #2 Vehicle #3
Make__________ Make__________ Make__________
Model__________ Model__________ Model__________
Year__________ Year__________ Year__________
Miles_________ Miles_________ Miles__________
4/2Doors__________ 4/2Doors__________ 4/2Doors_________
Trans:Automatic/Manual Trans:Automatic/Manual Trans: Automatic/Manual
(circle one) (circle one) (Circle one)
Condition:____________ Condition___________ Condition:____________
(poor, good, fair, excellent) (poor,good, fair, excellent) (poor, good, fair, excellent)
Other Extras (Please Circle) Other Extras (Please circle) Other Extras (Please Circle)
air conditioning air conditioning air conditioning
power windows/locks power windows/locks power window/locks
stereo, cassette, cd stereo, cassette, cd stereo, cassette, cd
tilt wheel tilt wheel tilt wheel
cruise control cruise control cruise control
power seats power seats power seats
sun roof sun roof sun roof
convertible convertible convertible
leather seats leather seats leather seats
4x4 4x4 4x4
abs brakes abs brakes abs breaks
airbag airbag airbag
others____________ others_____________ others____________
_________________ __________________ _________________
_________________ __________________ _________________
Lien amount $____________ Lien amount $____________ Lien amount $____________
(current balance due) (current balance due) (current balance due)
(attach most recent statement) (attach most recent statement) (attach most recent statement)
LIFE INSURANCE POLICY QUESTIONNAIRE:
Number of life insurance policies________ (TERM AND/OR CASH VALUE)
Policy #1 Policy #2 Policy #3
Insurance Co. _________________ ________________ ___________________
Face amount of Ins. $_____________ $______________ $__________________
Kind (please circle) term/cash value term/cash value term/cash value
Cash surrender value $_____________ $______________ $___________________
Loans against CSV $_____________ $______________ $___________________
Insurance on who? _______________ _________________ ___________________
Age of person insured _______________ _________________ ___________________
Please be prepared to provide the trustee with a copy any insurance policies held by you at the Trustee's
request.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re: ) CHAPTER 7
)
) CASE NO: _________________________
Name(s): _____________________________ )
_____________________________ ) STATEMENT REGARDING
) SECURED CONSUMER DEBTS
)
Debtor(s) )
)
I (We) hereby certify under penalty of perjury with regard to all secured consumer debts.
As to each debt I (we) have done the following:
1.) Surrendered to the appropriate secured creditor any and all secured items as indicated on the
document filed with entitled "Statement of Intentions re: Secured Debts. "
2.) Reaffirmed any and all debts in compliance with the aforementioned "Statement of Intentions."
3.) Redeemed all property as indicated in the aforementioned "Statement of Intentions."
DATED:
Debtor Joint Debtor
Mail to: DAVID A. BIRDSELL, Trustee
216 N. CENTER
Mesa, AZ 85201
****REGARDING QUESTIONS YOU MAY HAVE****
IF YOU HAVE ANY QUESTIONS ABOUT COMPLETING THIS FORM OR GENERAL QUESTIONS
ABOUT YOUR BANKRUPTCY, PLEASE CALL OUR OFFICE @ (480) 644-1080 AND ASK FOR MARY.



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Disclaimer: The bankruptcy information in this blog is not intended as a substitute for competent legal advice on bankruptcy law in Arizona by a board certified bankruptcy attorney (an attorney recognized by the Arizona Board of Legal Specialization as a Certified Specialist in Bankruptcy Law), and nothing in the foregoing constitutes legal advice; this blog is intended merely as one source of bankruptcy information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Chapter 11 Bankruptcy, and Chapter 12 Bankruptcy. Mind you, it doesn't hurt if the attorney you decide to retain has a Martindale-Hubbell AV rating.