Petition to Make Telephonic Appearances a Permanent Feature of Bankruptcy 341 Hearings
This petition is intended for U.S. Bankruptcy Attorneys, Trustees, Administrators, and other affected parties, to be submitted to the Office of the United States Trustee.
IN THE COMMENT SECTION OF THE SIGNATURE FIELD PLEASE ADD YOUR STATE BAR NUMBER OR THE JOB POSITION YOU HOLD RELEVANT TO THE BANKRUPTCY PROCESS (e.g. Paralegal, Trustee, etc.)
The title of this petition is self-explanatory for its purpose. The emergency COVID-19 adjustments to bankruptcy proceedings have made it clear that telephonic appearances are a workable solution to fulfill the bankruptcy process. These adjustments have also brought to focus many benefits, as outlined below:
1. Clients will be able to reduce the hardships associated with physical 341 appearances, such as the time and expense of commuting to and from the hearing, the opportunity of scheduling less time off work, and the expense of finding caretakers for minor children. Debtors who are filing bankruptcy are already financially distressed -- it makes little sense to exacerbate that distress when a viable alternative has presented itself.
2. By allowing bankruptcy attorneys to appear telephonically, they can remain productive while awaiting their appearance time(s) for one or more dockets.
3. The Office of the U.S. Trustee may be able to eliminate costs and/or repurpose the facilities used for 341 hearings.
4. Hearings can be held even during inclement weather conditions, ensuring a continuity of process and decreasing the transportation hazards for all involved.
5. Reducing the burden on security personnel for screening while also increasing the safety of the proceeding.
6. By utilizing this technology, the Office of the U.S. Trustee will be making meaningful contributions to reducing traffic congestion, energy demands, and pollution.
For these and perhaps many other reasons, We, the Petitioners, respectfully request the Office of the United States Trustee to establish that telephonic 341 hearings be made a permanent feature of the bankruptcy process.
Updates
August 12, 2021
The momentum behind this push proves that remote hearings are a common sense necessity for our bankruptcy system. Post our link to your LinkedIn professional groups today and email your regional trustee to demand they adopt this change permanently.
Reached 100 supporters
August 12, 2021
62 Comments
First, it is difficult for debtors to take off work to attend. Second, we all know large groups in small spaces pose health risks. Third, Creditors rarely, if ever, attend. Isn't the whole purpose for the 341 a "Meeting of Creditors?" Fourth: I know of no issues holding these telephonically from the Trustee or creditors. Fifth: It just makes sense!
Debtor's counsel DE State Bar No. 3625 I suggest the petition be amended to allow either telephonic 341 meetings or 341 meetings via Zoom. While incorporating all of the benefits listed, using Zoom also allows on screen document sharing which makes for smoother prosecution of the meeting.
I believe that virtual 341 hearings, either by telephone or by Zoom, are definitely a benefit to our clients and to our law firms. We have successfully held virtual 341 hearings for more than a year. There have been a few glitches, but with a bit of standardization, I believe we can permanently bring the future to the present.-Vincent E. Carlson, P71675 Michigan
In the District of Arizona, 341 Meetings held telephonically or by Zoom have been working very well for Debtors and attorneys alike. Many Debtors is rural areas especially previously would have 1-3 hour drives to attend Meetings in person. Telephonic hearings reduce costs and improve access for all involved... Debtors, attorneys, Trustees, and Creditors.
I have clients driving more than 200 miles to make these meetings. My interstate truck driver clients have problems making it to town. Telephonic hearings are far easier on everyone.
Beyond sliced bread, greatest idea.
Telephonic appearances for 341a meetings have proved to be efficient and effective for both debtors and their attorneys. The telephonic appearance negates the need for the debtor to take precious time off from work, and it adds significant time to the attorney's day by eliminating the need for travel to and from the 341a meeting venue. The ability to effectively hold a telephonic 341a meeting is one of the positive side-effects of the pandemic; let's learn from it and use it going forward.
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Petition to Make Telephonic Appearances a Permanent Feature of Bankruptcy 341 Hearings
This petition is intended for U.S. Bankruptcy Attorneys, Trustees, Administrators, and other affected parties, to be submitted to the Office of the United States Trustee.
IN THE COMMENT SECTION OF THE SIGNATURE FIELD PLEASE ADD YOUR STATE BAR NUMBER OR THE JOB POSITION YOU HOLD RELEVANT TO THE BANKRUPTCY PROCESS (e.g. Paralegal, Trustee, etc.)
The title of this petition is self-explanatory for its purpose. The emergency COVID-19 adjustments to bankruptcy proceedings have made it clear that telephonic appearances are a workable solution to fulfill the bankruptcy process. These adjustments have also brought to focus many benefits, as outlined below:
1. Clients will be able to reduce the hardships associated with physical 341 appearances, such as the time and expense of commuting to and from the hearing, the opportunity of scheduling less time off work, and the expense of finding caretakers for minor children. Debtors who are filing bankruptcy are already financially distressed -- it makes little sense to exacerbate that distress when a viable alternative has presented itself.
2. By allowing bankruptcy attorneys to appear telephonically, they can remain productive while awaiting their appearance time(s) for one or more dockets.
3. The Office of the U.S. Trustee may be able to eliminate costs and/or repurpose the facilities used for 341 hearings.
4. Hearings can be held even during inclement weather conditions, ensuring a continuity of process and decreasing the transportation hazards for all involved.
5. Reducing the burden on security personnel for screening while also increasing the safety of the proceeding.
6. By utilizing this technology, the Office of the U.S. Trustee will be making meaningful contributions to reducing traffic congestion, energy demands, and pollution.
For these and perhaps many other reasons, We, the Petitioners, respectfully request the Office of the United States Trustee to establish that telephonic 341 hearings be made a permanent feature of the bankruptcy process.
Updates
August 12, 2021
The momentum behind this push proves that remote hearings are a common sense necessity for our bankruptcy system. Post our link to your LinkedIn professional groups today and email your regional trustee to demand they adopt this change permanently.
Reached 100 supporters
August 12, 2021
62 Comments
PA ID #204494. The time and cost savings for all parties is significant. Telephonic hearings are also far more convenient. The time and costs saved allow me to avoid raising fees.
First, it is difficult for debtors to take off work to attend. Second, we all know large groups in small spaces pose health risks. Third, Creditors rarely, if ever, attend. Isn't the whole purpose for the 341 a "Meeting of Creditors?" Fourth: I know of no issues holding these telephonically from the Trustee or creditors. Fifth: It just makes sense!
Debtor's counsel DE State Bar No. 3625 I suggest the petition be amended to allow either telephonic 341 meetings or 341 meetings via Zoom. While incorporating all of the benefits listed, using Zoom also allows on screen document sharing which makes for smoother prosecution of the meeting.
I believe that virtual 341 hearings, either by telephone or by Zoom, are definitely a benefit to our clients and to our law firms. We have successfully held virtual 341 hearings for more than a year. There have been a few glitches, but with a bit of standardization, I believe we can permanently bring the future to the present.-Vincent E. Carlson, P71675 Michigan
In the District of Arizona, 341 Meetings held telephonically or by Zoom have been working very well for Debtors and attorneys alike. Many Debtors is rural areas especially previously would have 1-3 hour drives to attend Meetings in person. Telephonic hearings reduce costs and improve access for all involved... Debtors, attorneys, Trustees, and Creditors.
I have clients driving more than 200 miles to make these meetings. My interstate truck driver clients have problems making it to town. Telephonic hearings are far easier on everyone.
Beyond sliced bread, greatest idea.
Telephonic appearances for 341a meetings have proved to be efficient and effective for both debtors and their attorneys. The telephonic appearance negates the need for the debtor to take precious time off from work, and it adds significant time to the attorney's day by eliminating the need for travel to and from the 341a meeting venue. The ability to effectively hold a telephonic 341a meeting is one of the positive side-effects of the pandemic; let's learn from it and use it going forward.
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PA ID #204494. The time and cost savings for all parties is significant. Telephonic hearings are also far more convenient. The time and costs saved allow me to avoid raising fees.