Trustee Satija Q & A Session August 29, 2011

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1 Trustee Satija Q & A Session August 29, 2011 Announcement: Please feel free to mingle, chat and get your refreshments now. Please be seated by 10:15 so that we can get started with our session timely. Hello, my name is Siobhan Kenna and I am Ron Satija s Chapter 7 Trustee Assistant. As many of you may know, I have been around for the last 13 years as Ronald Ingalls Chapter 7 Trustee Assistant, albeit pretty far in the background. I even heard it said, once or twice, that I was Ron s (Ronald Ingalls) best kept secret! Most of you that do know me, have only recently met me in person because my new Ron (Ron Satija) has no intention of keeping me a secret! So, I work for the two Ron s now. And just to let you know, Mr. Ingalls resigned from the panel and has been away in seminary for the past 3 years while I have continued to administer his remaining open cases. He just recently returned to Texas in early August and is happily pursuing his new career as a fully ordained priest and has been assigned to a parish in Fredericksburg. Send him and to say hello if you like. So, back to today s Session. We thought that it would be nice to invite all of you to meet here so that we can discuss our preferences for submitting 341 documents to the Trustee. We understand how frustrating it can be when each of the Trustees may have different, and even conflicting, requirements. I would like to take moment to thank you all for taking the time to come and meet today. I know that the Trustee and I, in particular, are grateful for the opportunity to open the lines of communication between your offices and ours and to help you in the smooth administration of your cases. These days we are all looking for ways to maximize our time while saving energy and the environment. Our software provider, TrusteeSolutions has provided a vehicle to do just that in their TrusteCollaborative web publishing service allowing attorneys to directly upload Trustee requested documents into our software system, saving time and resources on both ends of the process, yours and mine. This service is offered free to the Trustee and all attorneys and TES will be in attendance later in this session via webinar to give you an overview of the service as well as answer any questions you may have. Please let me know now, if you have any type of device with a web browser with you today and you would like to join the webinar [SMK to forward webinar invitation to those who wish to participate NOW.] I will be projecting this webinar on the wall here >> for those who do not have an internet browser available This webinar will begin at about 11:15am. So, why are we here today? Documents submissions to the Trustee, why do we ask for the documents that we do and why do we have a preference as to how you submit your documents? 1. There are court requirements that must be met. 2. Efficiency, for both offices. 3. We want to save the environment, and our resources.

2 Certain information is required to be forwarded to the Trustee prior to the 341 meeting; payment advices and tax returns. This documentation must be submitted 7 days before the meeting date. In addition to the BK code required documents, we request additional information depending on what type of case as been filed. Payment Advices according the debtors duties in the BK code HOWEVER, 11 USC ' 521(a)(1)(B)(iv) The debtor shall file copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor Due to Privacy issues this code is revised in Local Rule 1007(b) Effective as to cases filed on or after October 17, 2005, copies of all payment advices or other evidence of payment received by individual debtors within 60 days before the date of the filing of the petition from any employer of the debtor (1) shall not be filed with the Court unless otherwise ordered, and (2) shall be provided to the trustee (or U.S. Trustee in Chapter 11 cases) at the same time the petition is filed or within fifteen (15) days thereafter. Basically, payment advices means proof of income within the last 60 days prior to filing the case. We accept, employer pay stubs, P & L statements, K1 s (if the corporation is owned by an individual, a K1 or P & L is best), social security benefits letter, affidavit of income (you do not need to file this with the court and the BK clerk has requested that you do not file this type of document), an from your office with an explanation of why there is not proof of income available, for example, there was no income, or the debtor was unemployed for that period. Tax Returns 11 USC ' 521(e)(2)A)(i) The debtor shall provide (i) not later than 7 days before the date first set for the first meeting of creditors, to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed We ask for the current year plus additional years depending on the type of case filed. INDIVIDUAL CASES: Plus one year prior to filing. DBA S AND BUSINESS CASES: Plus two years prior to filing.

3 If you do not have a copy of the actual return, you should get a full transcript (not an account transcript or a record of account) from the IRS using form 4506-T. This form is readily available at or ask me to you a copy. If no returns are available within the last four years prior to filing, please provide and from your office with an explanation of why there was no return filed within the last four years. (Important notes regarding dismissals: If the Trustee has not received the tax return and payment advice information seven days prior to the meeting, he may file a motion to dismiss this case.) In addition to the required documents, we request the following information to be forwarded to our office, and we request that these documents also be provided no later than seven days prior to the 341 meeting of creditors: DSO If a Domestic Support Obligation exists, the name and last known address and telephone number of the holder of any domestic support obligation(s) against the estate, and if any domestic support obligation exists, the name and address of the Debtor s and/or Joint Debtor s employer. (I have this DSO Disclosure form in either PDF or WP format and you may request a copy at any time.) Bank Statements Bank statements for each bank account for the six months prior to, and including the date filing); including all pages as provided by the bank. (Do not send check or transaction registers.) ALL CASES: Six months as listed above. CHAPTER 13 CONVERSIONS: Additional bank statements for the three months prior to, and including the date of conversion. DBA S AND BUSINESS CASES: Additional six months (for a total twelve months prior to, and including the date filing). Additional bank information INDIVIDUAL AND CHAPTER 13 AND DBA S: A check image or copy of the returned check, an invoice paid, or other explanation of each check over $1, in the six months prior to the date of filing. Business Cases: A check image or copy of the returned check, an invoice paid, or other explanation of each check over $1, (outside the ordinary course of business e.g. not payroll, rent, mortgage) in the six months prior to the date of filing. (Providing a check register will not comply with this additional bank information request. Do not include check registers at all!)

4 Real Property Insurance INDIVIDUAL CASES AND CH 13: Property tax appraisal for two years for all cases on all real property and oil and/or copies of gas revenue statements and/or revenue checks. DBA S AND BUSINESS CASES: All Deeds for any real property owned within the last two years Property tax appraisal for three years for all cases on all real property and oil and/or copies of gas revenue statements and/or revenue checks BUSINESS CASES: DBA s: Other information Copies of all insurance policies, insurance declaration pages, insurance quotes, including but not limited to workers compensation, automobile, property, general liability, directors and officers liability, and business interruption insurance policies. Proof of insurance coverage on all business assets and real property owned. Should no policy be in effect, provide copies of the latest coverage obtained/held. Copies of all insurance policies, insurance declaration pages, insurance quotes, including but not limited to workers compensation, automobile, property, general liability, directors and officers liability, and business interruption insurance policies. ALL CASES WHERE APPLICABLE: o o Copies of debtors Divorce Decree, if any, entered within last four years. Copies of any documents related to all non-exempt assets. BUSINESS CASES: DBA S A copy of a USPS form 3575 Change of Address executed to forward all mail for the Business address to Ron Satija, Trustee at PO Box 1443, Austin, Texas You can find the form online at If you insert documents@hallattorneys.com as the contact address, a copy of this form will come directly to our office. Copies of all vehicle purchase agreements and registration for any vehicle purchased by the company. A list of any inventory, P&L and/or Balance sheets for the prior year; date of business closure pertaining to you and any entity (DBA s, FDBA s and/or Corporations) you own.

5 Other pertinent information for your office: The preferred document submittal process is via our software provider, TrusteSolutions. You must establish a TES Collaborative account with TrusteSolutions at (Please be sure to use the address where you receive pacer filing notices to sign up with TES Collaborative.) Once your account is established, you will submit your documents directly to the Trustee via the portal at Please contact TrusteSolutions support at support@trustesolutions.com for assistance with getting set up or with any questions regarding this process. We may accept documents three other ways (although this is highly discouraged) 1) Via to documents@hallattorneys.com If you send an , you must include the case name and the case number in the subject field and make sure any individual file size is under 1 MB. Also, you must create a separate file attachment for each type of document submitted (i.e. tax returns and pay stubs,) any that does not comply with these protocols will be rejected. 2) Via facsimile to (512) ) By hand delivery at 701 Brazos Street Ste 500 Please call first. Also note, do not include any staples or paper clips when hand delivering documents. This includes any hand delivered documents turned over to the Trustee at the 341 meeting of creditors. All original documents should be fully prepared to be scanned immediately. The Trustee may request originals of any of the above noted documents to be turned over in person at the meeting of creditors if necessary to the administration of this case. Please have your client be prepared to present picture identification and a social security card at the beginning of the meeting of creditors. (Note: You will need to present valid picture identification to enter the building at 903 San Jacinto Blvd.) Please note that the documents@hallattorneys.com address is for document submittal only and not for corresponding with the Trustee. Do not submit any documents prior to the 341 meetings to our PO Box address. If you have any questions regarding your cases, or these instructions, please contact our office.