Meeting of Creditors
wpadmin on August 18, 2015 Posted in General BankruptcyOakland Meeting of Creditors
Send An Experienced Attorney To Court With You
Appearing in front of the Bankruptcy Court can be a daunting experience and that is why it is important you have a knowledgeable bankruptcy attorney representing you through your bankruptcy process. Bankruptcy lawyer Melanie Tavare has worked on thousands of bankruptcy cases and has extensive experience advocating for her clients in front of the Northern District of California Bankruptcy Courts in Oakland and San Francisco.
Meeting Of Creditors
Every person who files a bankruptcy, whether it be a small business or consumer Chapter 7 or Chapter 13 bankruptcy has to make an appearance at what is called a Meeting of Creditors. This meeting is also referred to as a “section 341 meeting”, named after the Bankruptcy Code section that mandates the hearing. The Meeting of Creditors usually takes place on average about 30-45 days from the filing of the bankruptcy case. Technically, this meeting is not in court and a trustee not a judge is responsible for running the meeting. However, you are sworn in under penalty of perjury so it is important to answer all questions truthfully.
What Is The Purpose Of The Meeting Of Creditors?
The Meeting of Creditors has a number of purposes. The first is that the court, through the trustee, must confirm that the person who filed the bankruptcy is the same person appearing at the meeting of creditors. This is done by having you bring to the meeting proof of identity and social security. Normally this proof is a valid state issued identification card that contains a picture ID as well as a social security card. However, if you don’t have your social security card, a recent W-2 or something similar is usually accepted.
The second purpose is to allow the trustee to ask you about the petition and schedules filed by you and your attorney with the court. Your schedule lists all of your assets and liabilities and the trustee has the right to question you about the information contained therein. If you have un-exempt assets, assets that are worth more than the exemption amount given to protect them, then the trustee will try and get more information about these assets in order to make a determination regarding the liquidation of the asset in a chapter 7 case. The trustee may ask you for additional documents or financial information in order to do this.
The final purpose of the meeting of creditors is to allow creditors to appear and ask you questions regarding your bankruptcy schedules. The fact of the matter is that most creditors do not attend the meetings of creditors. The ones that do are more often than not secured creditors or creditors who believe you may have obtained the debt to them through fraud.
How Long Does The Meeting Take?
In general, the time given to creditors to ask you questions is very limited. This is due to the trustee’s busy schedule. If a creditor needs to ask you extensive questions then they may request an order for you to appear at a Bankruptcy Rule 2004 hearing which is similar to a deposition. This is done in the rare case and the majority of Meeting of Creditor hearings are quick and easy.
What Are Some Common Questions Asked At The Meeting Of Creditors?
Did you read your bankruptcy petition and schedules?
Did you sign them?
Was the information contained in them true, complete and accurate?
Have you listed everyone you owe money to and everything you own?
Has there been a change in your financial situation since you filed your case?
Are you personally familiar with the information contained in your schedules?
Are there any omissions or mistakes in your schedules?
Has anyone died recently that you may inherit from?
Contact Us Today
When you have the right bankruptcy lawyer, you will be fully prepared for your Meeting of Creditors. Don’t wait any longer to start your financial recovery. Contact the Law Offices of Melanie Tavare today for your free consultation.
The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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