Arizona Bankruptcy Law & Lawyers

Arizona Bankruptcy Law Logo

"Arizona Bankruptcy 341 Meeting"

All cases commenced under Chapter 7 & chapter 13 require the appointment of a trustee who will require testimony, under oath, at a public meeting. Creditors receive notice of the meeting. Creditors who choose to attend may ask questions while the debtor remains under oath. All debtor responses are admissible as evidence before the court.

11 U.S.C. §341: "(a) Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors. (b) The United States trustee may convene a meeting of any equity security holders. (c) The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors."

In the matter of ARIZONA BANKRUPTCY PETITION PREPARERS, General order No. 89 issued by the U.S. District. Arizona Bankruptcy Court., July 1, 2003. 11 USC 110(k) does not permit a bankruptcy petition preparer to engage in activities "that are otherwise prohibited by law. including the rules and laws that prohibit the unauthorized practice of law." The Supreme Court of the State of Arizona has enacted amendments to its Rule 31 governing the unauthorized practice of law which became effective commencing July 1, 2003. Rule 31 sets forth the general rule that only an active member of the State Bar of Arizona may practice law in the State. The amendments also create a limited exception for certified legal document preparers provided that the services performed are in compliance with State Code of Judicial Administration, Part 7, Chapter 2, Section 7-208.

Back to Arizona Bankruptcy words & phrases.


Arizona Bankruptcy Law and Lawyers | Resources
© Copyright 1998 through 2007
All Rights Reserved.