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New Mexico Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting

State:
New Mexico
Control #:
NM-SKU-0064
Format:
Word
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Description

Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting

The New Mexico Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting is a document that is used to notify the court that the debtor is unable to attend the 341 meeting of creditors. This document is used by a debtor who is representing themselves in a bankruptcy case. The 341 meeting of creditors is a meeting held by the trustee appointed to the case, where the debtor must appear and answer questions about their bankruptcy filing. The debtor must submit this notice to the court to ensure that their absence is noted. There are two types of New Mexico Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting: one for individuals and one for business entities. The individual form requires the debtor to provide their name and address, as well as the date of the 341 meeting, the reason for their absence, and any other pertinent information. The business entity form requires the same information as the individual form, as well as additional information regarding the nature of the business and the names of its owners.

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FAQ

If any creditors do attend the 341 meeting, it is typically out of curiosity, to ask whether their debt will be reaffirmed, or to ask about the location and condition of their collateral. In most cases, the meeting of creditors is not attended by any of the debtor's creditors.

The purpose of a 341 meeting is to examine the debtor's financial position and to confirm the facts stated by the debtor in the bankruptcy filing. Therefore, the debtor must attend the 341 meeting, and answer the questions made by the presiding officer under penalty of perjury.

After you file for bankruptcy, you must go to a required hearing called the meeting of creditors (also called the 341 hearing). In most cases, if you don't show up to your meeting of creditors, your bankruptcy will be dismissed.

You Must Tell The Truth At The 341 Meeting Of Creditors. The Trustee and any creditor or other party in interest is entitled to ask questions regarding your assets and liabilities, as well as any questions that are relevant to the administration of the bankruptcy case, or your right to a discharge.

The section 341 meeting provides the presiding officer the opportunity to examine the financial condition of the debtor. The presiding officer should not allow the debtor's attorney to take over the questioning or answer on behalf of the debtor.

The section 341 meeting is a critical step in the successful administration of a chapter 13 case. It is an opportunity to educate the debtor on the bankruptcy process, and to allow parties in interest to question the debtor about his or her assets, liabilities and financial condition.

At the meeting of creditors?also called the 341 hearing?the debtor meets with the trustee appointed to oversee the case. The trustee will check identification and ask a series of questions about the bankruptcy paperwork. Creditors can attend and ask about financial matters as well, although few appear.

The meeting of creditors is a hearing all debtors must attend in any bankruptcy proceeding. The meeting of creditors is held outside of the presence of the judge and, depending upon the case chapter, usually occurs between 21 and 50 days after the filing of the petition.

More info

Complete the Notice of Unavailability of Self-Represented. Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting ; NM LF 341 ; Category: Recommended Forms ; PDF Form: PDF icon nmlf341.Download Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting – New Mexico District Bankruptcy Court (New Mexico) form. Debtors must appear in person with their attorney (unless debtors are proceeding without an attorney – self-represented) at the Meeting of Creditors. (D) Information for self-represented parties about the opportunity to meet with court self-help center staff or a family law facilitator; and. A confirmation hearing is not required in Chapter 7 bankruptcies. In most civil cases, the appellant must complete the. Civil Appeal Information Report and file it with the. Filing Chapter 13 bankruptcy on your own is rarely a good idea. Rule 2.

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New Mexico Notice of Unavailability of Self-Represented Debtor to Attend 341 Meeting