Weneta M.A. Kosmala

Chapter 7 Trustee

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WHAT IS A "341A / MEETING OF CREDITORS"?

The number 341(a) comes from the section of the Bankruptcy Code that requires that in each Chapter 7 bankruptcy case there must be a "meeting of creditors."  At that Meeting, the Trustee and creditors may ask the Debtors questions concerning the Debtors' assets and debts.

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DOES THIS HAPPEN IN FRONT OF A JUDGE?

No.  In fact, the Bankruptcy Code prohibits the judge from attending the Meeting of Creditors. The Chapter 7 Trustee presides over the Meeting.  It is not held in a courtroom.

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WHERE IS IT HELD?

In Santa Ana, these Meetings are held at the Ronald Reagan Federal Building and Courthouse, 411 W. Fourth Street, Santa Ana, CA.  Click here for directions.  The meeting room is on the 3rd floor, just before the Cafe.

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HOW DO I FIND OUT WHEN A MEETING IS SCHEDULED?

The date and time of the Meeting appears on the Notice of Bankruptcy mailed out by the Court shortly after the case was filed.  If you did not receive a notice, or cannot find it, you may obtain the information in the following ways:

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1. If you have an account with PACER, the on-line docketing system, or you filed through an attorney, you (or your attorney) may access case information for cases filed in the Central District of California by clicking here.  Access is subject to applicable account terms, including viewing charges.

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2. Otherwise, please click here for instructions for obtaining case information by phone or in person, and accessing PACER or obtaining documents in person or by mail.

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WHAT IS THE MEETING LIKE?

In Santa Ana, the Clerk's Office sets as many as 20 cases per hour for Meetings. As you can imagine, that does not leave much time for extended discussion. Therefore, the Trustee must rely heavily on the Debtor's bankruptcy papers for information. Since the Debtor signed the papers under oath and under penalty of perjury, they are just like sworn testimony in Court. The Trustee will swear in the Debtor, and will ask whatever questions appear appropriate. Then, the Trustee will give any interested creditors an opportunity to ask questions.  The proceeding is recorded, and the Trustee will ask you to speak loudly and clearly.  The proceeding may be concluded (if the Trustee has no further questions) or continued to another date and time (if the Trustee requests further documents or information).

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HOW MUCH TIME WILL THE MEETING TAKE?

That depends upon many variables: where your case is on the calendar (remember, there may be 20 cases set for your hour), how smoothly the cases before yours go, and what questions the Trustee may have about your case. The Trustee tries to finish all cases on calendar for a particular time within an hour, but it would be prudent to plan for at least two hours. 

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WHAT DOCUMENTS SHOULD I PROVIDE TO THE TRUSTEE BEFORE THE MEETING ?

• State and federal tax returns for the past two years for which returns were filed.
• Bank statements for all bank accounts covering the time period of 90 days before the bankruptcy filing to present.
• Proof of insurance (home, auto, life).
• The most recent mortgage statements for all debts secured by your home.
• The most recent statements for all retirement accounts.
• Financial statements for the past two years for all businesses.
• The Trustee's 341(a) Questionnaire (print out, complete and bring with you):  This form is required of all debtors.
• The Domestic Support Obligation form (print out, complete and bring with you):  If you owe support to any person (spouse, ex-spouse, child), please print out, complete and submit the linked form.

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HOW AND WHEN SHOULD I SUBMIT THESE DOCUMENTS?

If you are represented by counsel, your counsel should have received an e-mail with a link for the Trustee's electronic uploading system.  Attorneys who did not receive the e-mail may contact the Trustee's administrator at dmf@txitrustee.com to obtain a link.  All documents from debtors represented by counsel should be uploaded electronically.

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If you are not represented by counsel, please mail copies of the documents to the Trustee as follows:

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Weneta M.A. Kosmala

Chapter 7 Trustee

3 MacArthur Place, Suite 760

Santa Ana, CA  92780

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• Please do not sent the originals, unless specifically requested to do so.
• Please do not attempt to hand-deliver the documents to the Trustee's office, unless specifically requested to do so.  The Trustee works in a secure building, and you will not be allowed access without prior authorization.
• Please send the documents early enough so that they will be received at least one week prior to your Trustee Meeting.  Please bring copies to the Trustee Meeting, in case the documents are not received timely.

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WHAT SHOULD I DO TO PREPARE FOR THE MEETING?

You should review all of your bankruptcy papers very carefully, and make sure that all of the information is accurate.  If you find any errors or omissions, you should file an amendment correcting that information.  Information on amendments is found here.  Please note that there may be a fee for an amendment.  If you have counsel, your counsel may do this for you.  When you appear for your Trustee Meeting, let the Trustee know that you have amended or plan to amend your papers.

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WHAT SHOULD I BRING TO THE MEETING?

This is very important.  Your Meeting cannot be concluded until you provide the following documents:

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1. A government-issued photo ID:  A driver's license, passport or military ID.

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2. A Social Security card.  If you have lost your Social Security card, you should apply as soon as possible for a new one.  You can find information from the Social Security Administration here, including the location of your local office, and the forms and other documentation you will need.

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WHAT HAPPENS AFTER THE MEETING?

If the Trustee tells you that she has no further questions, and does not continue the matter, your Meeting is concluded, and you do not need to return. If the Trustee needs further documents or information, she may ask for that information and continue the Meeting to another day. You must return on that day, unless the Trustee excuses you. For information concerning what happens next, see our FAQ page.