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Frequently Asked Questions About Other Issues

Both my wife and I filed a joint chapter 13 case. Do we need to attend the §341 Meeting of Creditors?

My family member/spouse, who has a chapter 13 bankruptcy, has passed away. What should I do?

Do you need an official copy of a court document? (Note:The Trustee cannot provide official copies of court documents.)

I need to take a credit counselling course before I file my bankruptcy. Where can I find out who offers the course that has been approved by the UST?

I cannot attend my §341 meeting, will you reschedule it for me?

What documents should I send to the Trustee's office prior to my §341 meeting?

What type of identification is required in order to enter the §341 meeting (Timeberlake Annex, 501 E. Polk Street, Tampa, FL 33602) and Sam M. Gibbons United States Courthouse (801 N. Florida Ave., Tampa, Florida 33602).

Moved? See this "Address Change Request Form".

The IRS has sent my tax refund to the Trustee. Can I have my refund back?

Answers To Questions About Other Issues

Both my wife and I filed a joint chapter 13 case. Do we need to attend the §341 Meeting of Creditors?

The answer is yes. In only exceptional and rare circumstances the court may consider the matter and excuse a debtor from attending a §341 meeting, but a motion must be filed with the court.

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My family member/spouse, who has a chapter 13 bankruptcy has passed away. What should I do?

You should call the attorney who represented the deceased in the bankruptcy case.
a) If it is a joint filing, there is no need to take any action so long as you wish to continue the bankruptcy, however, you should still make your attorney aware of the death.
b) If it is an individual filing, once the trustee is aware of the death of a debtor, the trustee must file a motion to dismiss the case.
c) You may do nothing, and let the case be dismissed for lack of payments.

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Do you need an official copy of a court document? (Note: The Trustee cannot provide official copies of court documents.)

You may contact Judicial Research and Retrieval and request an official copy of your court documents. Their phone number is 813-228-7200. As of 4-11-2013 they charge $15.00 for each non-archived file retrieved and $0.35 per page copied. Delivery is $1.00 per page faxed or emailed. (US) Mailing charges are quoted on an individual basis. Cases or documents filed on 2-14-2003 until current date are usually retrieved in 24 hours.

Cases filed prior to 2-14-2003 are subject to all the above charges plus a $60.00 archival retireval fee. May take up to two weeks to retrieve files from the archive.

They accept major credit cards for their services.

Please click on this link for their website: Judicial Research and Retrieval

You may also purchase copies from the federal court in Tampa. As of 8-15-2010 they will provide no more than five pages at one time at a cost of $0.50 per page. (If the document you seek is eight pages you can only get five of the eight pages.) In addition, if you need the document to be certified there is an additional charge of $9.00. The above fees only apply to cases or documents that were filed after 2-14-2003. Anything prior will need to be requested through Judicial Research and Retrieval.

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I need to take a credit counselling course before I file my bankruptcy. Where can I find out who offers the course that has been approved by the UST?

UST Approved Credit Counsellors

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I cannot attend my §341 meeting, will you reschedule it for me?

Attendance at the §341 Meeting is mandatory, however the Trustee's office will generally reschedule a §341 meeting one time based on exception and/or rare circumstances. If your meeting has been rescheduled and you cannot attend the second meeting it will not be rescheduled again.

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What documents should I send to the Trustee office prior to my §341 meeting?

No later than seven (7) days before the §341 meeting, the debtor shall provide the Trustee with copies of tax returns for the two years prior to the petition date and copies of all pay stubs, advices or documentations of income sources for the six month period ending of the last day of the month preceding the month of the petition date. If you are self-employed the debtor shall also provide business bank statements and/or profit loss statements for the six month period ending of the last day of the month preceding the month of the petition date and complete corporate tax returns for the two years prior to the petition date.

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What type of identification is required in order to enter the §341 meeting (Timberlake Annex, 501 E. Polk Street, Tampa, FL 33602) and Sam M. Gibbons United States Courthouse (801 N. Florida Ave., Tampa, Florida 33602).

A valid picture identification, consisting of an "unexpired" driver's licensed or state issued picture identification, military identification with picture and passport with picture. Additionally, you must bring your original social security card with your signature to present to the Trustee for verification at the §341 meeting.

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Moved ? See this link for the Change of Address Form.

Click on this link for :  Debtor Address Change Form - 32 Kb

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The IRS has sent my tax refund to the Trustee. Can I have my refund back?

The Trustee receives very few refunds back from the IRS. When we do receive a refund the Trustee will look at the individual case and determine if the refund should be retained. The attorney for the debtor will be contacted if we do retain it. Otherwise, we will forward it to the recipient.

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