Horwitz & Horwitz Bankruptcy Attorneys

Bankruptcies are basically creatures of federal law.  Therefore, bankruptcies are filed in the United States Bankruptcy Court, which is a part of the federal court system, rather than state court.  If you have lived in or near Centerville, Ohio, for at least the past 180 days, your bankruptcy case will be filed and the 341 meeting with the Trustee will take place in the United States Bankruptcy Court for the Southern District of Ohio, Western Division at Dayton.

The building itself is located at 120 W. Third Street, Dayton, OH 45402.  If you are familiar with downtown Dayton, it’s in the old post office building, right on the corner of Third and Wilkinson Street.  Even if you’re not familiar with the city of Dayton, it’s not hard to find.

About Our Firm

Chapter 7 Bankruptcy

When your case is filed by your attorney, it will immediately be assigned to a Trustee, whose principal job is to stand in place of your creditors and see that they are dealt with fairly.  If you are filing a chapter 7 bankruptcy, it will be assigned randomly to one of the four Chapter 7 Trustees assigned to that court right now.  The Trustee conducts the only official hearing that takes place in most chapter 7 cases, which is referred to as the “341” (referring to the law that governs it) or the “creditors meeting”.  The Trustee’s job in a chapter 7 is to see if you have any non-exempt (unprotected) assets that should be liquidated, which means that they are turned into cash. The Trustee on your case would then divide that cash among your creditors who file proof of their claims, giving them back a little bit of what they’re owed.  While the creditors themselves are given notice of the meeting, it is very rare for them to attend.  They generally depend on the Trustee to protect their interests.

Chapter 13 Bankruptcy

Chapter 13 bankruptcies are somewhat different when it comes to the Trustee and what he does.  There is only one Chapter 13 Trustee assigned to the Dayton branch of the Court.  His office is more extensive than that of the Chapter 7 Trustees because his job is to administer the Plan, which consists of receiving and making distributions from your future income as your Chapter 13 case proceeds.  He also holds a 341 meeting, but here the emphasis is more on whether the Plan as proposed by you and your attorney is acceptable.  His job technically is to get the most money he can from your future wages for the benefit of your unsecured creditors.  He must also respect the fact that you and your family will need a reasonable amount of income to meet your household expenses while the Plan is in effect, which is between three and five years.  Moreover, your financial situation may substantially change during the time you’re in the Plan, and the Trustee will be involved with approving any modifications to the Plan that may be necessary so that you can successfully complete it.

Although the Trustees’ job officially is to represent the creditors, we have found over many years that they are respectful and courteous to the debtors who come before them.  The 341 meeting is not an interrogation under bright lights.  The Trustee will not be asking you “trick questions”.  The questions will be straightforward, and many times can be answered by a simple yes or no.  Further, Horwitz & Horwitz will be attending the meeting with you, and can intercede we feel that something has gone amiss and that there needs to be clarification.

Obviously, you will need to answer the Trustee’s questions honestly and openly.  We meet with clients shortly before the 341 meeting to go over with them what we expect to take place at the 341 meeting based upon the unique circumstances of their case.  We consider this a necessary meeting, and an essential part of my representation of my clients.  We also make sure that they understand exactly where the hearing room is, and when they should plan to be there.

Contact Us

You don’t have to feel embarrassed that you’re dealing with financial difficulties.  And you don’t have to go through this difficult time alone.  Contact us so that we can discuss your financial situation and how best to deal with it.

We are a debt relief agency.  We help people file for bankruptcy relief under the Bankruptcy Code.