Shortly after a case is filed, many offices receive a letter or email from the trustee asking for documents. The deadlines are short, often just days before the meeting of creditors, and the consequences of missing them range from an adjourned meeting to a motion to dismiss. A little routine makes this a non-event. The details here are general; the trustee's instructions and the local rules control, and the attorney decides how to respond.
What trustees commonly ask for
- The most recent tax return. In many cases the debtor must provide it to the trustee a set number of days before the meeting of creditors.
- Recent pay records, especially where they were not filed with the petition.
- Bank and account statements, commonly for a period before filing, including for accounts that are closed.
- Proof of identity and Social Security number, usually presented at the meeting.
- Documents on property, such as vehicle titles, mortgage statements, deeds, valuations or insurance.
- Documents on specific questions, like a recent transfer, a refund, a lawsuit or a business.
- Divorce or support documents, where relevant.
If you collected the documents a debtor should gather at intake, most of this is already in the file.
A routine that works
- Log it on the day it arrives. Record the date, the trustee, the case, what was asked and the deadline. Put the deadline on the calendar with a reminder at least a few days earlier.
- Check what is already in the file. Mark each item as in hand, missing or needing the client.
- Send the client one clear request. List exactly what you need, in plain words, with a date. One complete message is better than several partial ones.
- Review before sending. Make sure statements are complete (all pages, correct period), legible and for the right debtor. Compare them with the schedules. If a statement shows something not in the petition, tell the attorney immediately, since an amendment may be needed. See how to amend a bankruptcy petition.
- Redact and send securely. Follow the trustee's required method and redaction rules, and use secure transfer, not casual email, for sensitive records. Our guide to protecting debtor data covers the habits.
- Confirm receipt. Keep a record of what was sent, when and how, and follow up if the trustee does not acknowledge it.
When the client does not respond
Tell the attorney early. Try the other contact methods in the file. Explain the consequence in neutral terms: the trustee needs these documents by a certain date to continue the case. If the deadline is likely to be missed, the attorney may ask the trustee for more time, and a trustee is more receptive to a request made before the deadline than after it.
Preparing for the meeting of creditors
The same period is the time to confirm that the client has photo identification and proof of Social Security number, knows the date, time and method (in person, phone or video) of the meeting, and has reread the petition they signed. The attorney usually prepares the client; the assistant's reminders and organized file make that easier. The wider timeline is in what happens after a petition is filed.
Stay inside your role
If a trustee asks a question about the case rather than for a document, route it to the attorney. Do not answer on behalf of the debtor or characterize the facts. See what non-attorney assistants may and may not do.
Next steps
Offices that want a reliable partner for document tracking and case preparation can hire a virtual bankruptcy assistant. Assistants who run a tight process can join NAVBA to be found by attorneys who need one.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
