New Chapter 7 Trustee Due Diligence Documents: Southern District Of California
By Michael G. Doan, San Diego Bankruptcy Attorney on Sep 28, 2008 in Bankruptcy Practice and Procedure, California, Chapter 7 Bankruptcy, General Bankruptcy Information, State Specific Bankruptcy Issues, Your Bankruptcy Attorney & You
Effective September 10, 2008, are the new Chapter 7 Trustee Guidelines for the Southern District of California Bankruptcy Court. While not mandatory, failing to follow these guidelines will almost always result in having the case called at the end of the 341 Calendar, and hearing continuations.
These guidelines provide a comprehensive list of documents that are required to be sent in each Bankruptcy Case to the Trustee either by email or using a special ECF command on the Bankruptcy Court’s ECF Home Page. The guideline documents are used in the Southern District to provide more uniformity among trustees so debtors and their attorneys are not caught guessing each individual trustee’s preferences. These guidelines have been in effect for about 10 years now, and have been amended several times.
The guideline documents typically result in 50 to 150 additional pages of documents to be provided to the trustee in addition to the 50 page bankruptcy petition. Such documents include but are not limited to payoff and trust deeds on real estate, insurance policies on real estate and vehicles, vehicle registration and payoffs, bank balances for bankruptcy filing date, paystubs, tax returns, domestic support orders, etc.
The most recent revision has both added and eliminated certain documents. Overall, however, its pretty much a wash when it comes to total documentation required in each case. The new guidelines can be viewed here.
If you are a debtor filing in the Souther District of California, be sure you retain an attorney familiar with these guidelines. While technically not required to be provided anywhere under current bankruptcy law, failing to cooperate with the trustee in providing these guideline documents will almost certainly result in failure in getting a chapter 7 discharge.
Written by Michael G. Doan
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