When someone files a Chapter 7 bankruptcy case in US Bankruptcy Court, Northern District of CA, s/he should make sure that the attorney helping him/her on the case is a member of the Northern District of CA.
Even though attorneys are licensed to practice law in CA, they must be admitted to appear at hearings in each court. A trustee may question whether an attorney located in Southern CA helping out a debtor in Northern CA is a member of the Northern District of CA to make filings for the debtor. Only a member of a court may engage another attorney to make special appearances for the attorney of record who cannot make it.
When someone files a Chapter 7 bankruptcy case, the trustee may send the debtor a bankruptcy questionnaire and document request form to complete. The debtor must fill out the form and sign his/her name. The debtor returns the questionnaire to the trustee at the 341 hearing or 7 days prior to the hearing.
The 341 hearing is also known as the meeting of creditors though in most instances, creditors do not show up at Chapter 7 meetings. The name and address of the trustee is shown in the Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines. The court sends out this notice for cases filed in Oakland.
The court in Oakland is located at 1300 Clay Street, a few blocks walking distance from the BART station in downtown Oakland. The meeting of creditors is usually held across the street at 1301 Clay Street. People attending creditors meetings in Oakland, CA should try to arrive at the federal building one half hour before the meeting to give time to go through the security checks at the entrance. Sometimes only one person may go through the entrance at a time. The trustees are usually prompt in calling cases so a person may have his/her case delayed or dismissed by not showing up for a 341 hearing on time.
In Oakland, the trustee’s office for the creditors meeting is on the 6th floor of the federal building. There is a room where a debtor may wait or confer with his/her attorney before the calendar for the case is called. Once the calendar is called, the debtor goes to the room with the trustee. The hearings are public. Each case is listed on the calendar and called one by one. Everyone in the audience can hear whatever a debtor says in front of the trustee.
Rinne Legal helps people with bankruptcies, estate planning, and loan modifications in Contra Costa County, Sacramento County and Solano County. Rinne Legal has offices in Walnut Creek, Fairfield, Sacramento and Elk Grove. Contact Rinne Legal for a free consultation. These blog posts are for informational purposes only and not intended nor should be construed as legal advice. These blog posts may be considered attorney advertising in some states. Prior results described on blog posts do not guarantee similar outcomes in future cases. There is no intent to create an attorney-client privilege or relationship with anyone accessing information on this blog. Authors posting on this blog are not obligated to reply to any emails seeking legal advice. The information contained on this blog is not intended to be a solicitation.From the author: Rinne Legal helps people with bankruptcies, estate planning, and loan modifications