Your first opportunity to meet with trustee will probably be at your meeting of creditors (also known as a 341 meeting, referring to the section of the bankruptcy code that requires it. A Meeting of Creditors is conducted in every bankruptcy case, no matter which chapter it's filed under. Every Chapter 7 bankruptcy is administered by a Chapter 7 trustee. The trustee does much of this fact finding in the meeting of creditors (sometimes called the 341 hearing).
Use of and access to this article does not create an attorney-client relationship between the author of this article and the user or browser. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. We help people file for Bankruptcy. What happens at the meeting?
The meeting is nick-named the “341 meeting” after that requires it. The meeting typically takes place a few weeks after filing for bankruptcy. The scheduling constraints of most trustee’s calendars usually limit each creditor to a few minutes at the 341 meeting. The trustee assigned to your case presides over the meeting. The trustee examines your proof of identity and social security number, first.
The Trustee or a creditor may further examine you as a debtor outside of the Meeting of Creditors by way of a 2004(a) examination. The assigned to the case presides and asks questions of the debtor about the contents of the bankruptcy schedules. The court schedules a meeting of creditors in each case, usually about 30 days after the filing. The creditor or trustee must obtain a court order to conduct this examination, which can last an entire day or more.
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One of his jobs is to hold a Meeting of Creditors, also called a 341 meeting or a trustee meeting. Prior to the Meeting of Creditors you should meet with your attorney to discuss your bankruptcy petition and documents. She has written for law firms, public relations and marketing agencies, science and technology websites, and business magazines. She is know for energetic representation of clients and her command of bankruptcy law. Shoreline Blvd Suite 140 Mountain View, CA 94043-1375 Phone 650.
Meeting notes template with action items
- A bankruptcy trustee administers your case, makes sure the rules are followed and case is resolved.
- A complaint can also be filed by the trustee, spouse or anyone with claims against the debtor or his assets.
- A trustee bankruptcy meeting is a normal part of a Chapter 7 or Chapter 13 bankruptcy process.
- Adversary proceedings are run like a civil lawsuit, with the debtor responding and the court making a decision.
- ") and do not necessarily reflect the views or opinions of LegalZoom.
- A Chapter 13 bankruptcy is a repayment plan to pay back all or some of your debt.
- A Chapter 7 eliminates debt, lasts less time than a Chapter 13 (about three to four months), but also sells any of your property that is not exempt, meaning it's not protected by law.
- A Meeting of Creditors is conducted in every bankruptcy case, no matter which chapter it's filed under.
- A bankruptcy discharge means all actions to collect a debt must cease and the debtor gets a fresh start.
Your attorney should prepare you with the types of questions you may be asked. Your first opportunity to meet with trustee will probably be at your meeting of creditors (also known as a 341 meeting, referring to the section of the bankruptcy code that requires it.
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Each trustee may ask different questions, so it is difficult to predict what you will be asked. Even so, you should be prepared in case a creditor shows up. Even though the meeting is called a "Meeting of Creditors," very few creditors actually attend the meeting in and cases.
Neither the trustee nor the creditors can take any action at the meeting that decides any question central to the case. No rights are won or lost at the 341 meeting. Northern California bankruptcy lawyer Cathy is a 30+ year veteran of bankruptcy practice in the Silicon Valley.
This is generally made worse by the fact that Meetings of Creditors are held in public in front of the other debtors to be examined at the same time. This is good news for some. This usually happens about 10 to 12 weeks after the 341 meeting. This usually lasts 36 to 60 months and can prevent home foreclosure and car repossession. Unless the client is or moving to avoid a lien, it’s usually the last time I see my Chapter 7 clients.
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After a trustee meeting, you may need to respond to objections from creditors.
It’s probably not even in a courtroom, but in a meeting room somewhere. LegalZoom is not a law firm and can only provide self-help services at your specific direction. LegalZoom provides access to independent attorneys and self-help services at your specific direction. Most 341 meetings are concluded after the debtor’s first appearance. Most 341 meetings are short, sweet, and uneventful. Most individuals file either a Chapter 7 or Chapter 13 bankruptcy.
I have some The meeting is either tape recorded or recorded by a court reporter. If a debtor does not file this form, his case may be closed without any debts being discharged. If the Meeting is concluded, your case is on its way to completion and you likely need not see the trustee again. If the debtor fails to follow these orders, the case may be dismissed.
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Creditors do not have to attend the 341 meeting to file a claim or object to discharge. Creditors who do attend are usually those with security interests in the debtor’s assets or creditors who think that they have been defrauded. Did you list all of your assets?
If the trustee needs more information or documents that aren’t available at the meeting, the meeting may be continued until another date when the information can be provided and any questions answered. If you are required to attend a 2004(a) examination, it is likely because you have an aggressive creditor who believes you are hiding something or lied on your petition. If you do not bring these items the trustee will surely continue your Meeting to a future date!
For questions regarding your specific situation, please consult a qualified attorney. Forget those essential items, and you’ll probably have to come back. Generally, however, you likely will be asked whether you read and signed your bankruptcy petition; whether you disclosed all of your creditors, debts and assets; and whether you have any changes to your bankruptcy petition. Have you destroyed your credit cards?
Have you lived in this state for the past two years? He may ask for the business records or other documents concerning the assets or the debtor’s financial history. However, the Federal Rules of Bankruptcy Procedure require that the Meeting of Creditors be held anywhere between 21 and 40 days after the bankruptcy filing for Chapter 7 cases and anywhere between 21 and 50 days after the bankruptcy filing in cases.
This article is for informational purposes only and not for the purpose of providing legal advice. This article was created by and is owned by Leaf Group Ltd. This can be embarrassing, difficult, and frustrating for a debtor, particularly if the debtor does not have a lawyer. This gives the judge a chance to review the debtor's plan to repay his debts. This is essentially a lawsuit within a bankruptcy case.
If you do not have an attorney, you should be prepared to be probed about your financial circumstances and your bankruptcy petition. If your Meeting is continued, the trustee has required you to come back to the meet with him or her again to answer questions or provide documents. In a Chapter 13 bankruptcy, the bankruptcy is discharged after the repayment plan is completed.
An objection might also be filed if the trustee is concerned you have too much money in the bank or other assets. Any of your creditors and/or their attorneys may attend and ask you questions about your financial affairs. Are the schedules accurate? Are your cars insured? At the end of the Meeting of Creditors, the trustee may either conclude the meeting or continue the Meeting to another date.
You must file an Official Form 23 with the court confirming completion of the course. You should contact your attorney to obtain advice with respect to any particular issue or problem. You should reply promptly to any requests. You will, however, have contact with a appointment by the court to oversee your case. Your access to the website is subject to our.
Individuals who filed Chapter 13 must attend a plan confirmation hearing in front of the judge. Is a debt relief agency according to the U. It isn’t really in “court” since the judge is not present; it’s a meeting with the trustee and any creditors who choose to come. Its subsidiaries, affiliates, or contractors ("Leaf Group Ltd.
Similarly, a trustee will likely only undertake such an examination if the trustee believes you are. Some debtors get nervous about attending the meeting, so preparation can help. That appearance is at the first meeting of creditors. The Bankruptcy Code is vague on the timing of the Meeting of Creditors. The Meeting of Creditors is named as such for a reason.
In a Chapter 7 bankruptcy, creditors have 60 days after the 341 meeting to file a complaint, also known as an adversary proceeding. In a Chapter 7 bankruptcy, if no one files an adversary proceeding and all objections are dealt with, the bankruptcy will be discharged. In cases where there are assets with value greater than the available, the trustee tries to gather information to aid in his liquidation of those assets for payment to creditors. In most consumer cases, no creditors come at all.
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Bankruptcy cases are administered by the federal bankruptcy courts, which are headed by bankruptcy judges. Be sure to bring a government-issued picture identification card and your Social Security Card to the Meeting of Creditors. Changes are, though, that you will never set foot in a courtroom or have occasion to meet a bankruptcy judge. Complaints are often filed if a creditor thinks the debtor committed fraud, such as running up charges just prior to bankruptcy.
Creditor participation is much more likely in business cases and family farmer cases. Creditors and the trustee have 30 days after the 341 meeting to file objections to any Chapter 7 property exemptions you claimed. Creditors are invited to attend, but rarely do. Creditors are invited to the meeting, though most creditors don’t come. Creditors are permitted to ask the debtor questions under oath.
Nothing stated or implied in this article should be construed to be legal, tax, or professional advice. Of course, if new or troubling facts come out at the meeting, the trustee or a creditor can file a motion or an adversary proceeding in the bankruptcy court for the judge’s consideration. Once the plan is approved, you must faithfully continue to make payments to your creditors according to the plan.
The trustee may also ask how you reached the values on your assets and for more information about unusual assets or business interests. The trustee swears you in and begins his questioning. These can include turning over property or assets, or providing the trustee with information. These might be based on state law or the Bankruptcy Code, such as limits allowing you to keep up to $1,450 in jewelry and up to $11,525 in household goods, furniture and appliances.
Every debtor, regardless of the chapter of bankruptcy they file, must make one personal appearance in the case. For Chapter 13, the trustee will review the repayment plan. For Chapter 7, the trustee will discuss your non-exempt assets. For both types of bankruptcy proceedings, the trustee will ask such questions as whether you owe child support, if your wages are garnished and if you recently transferred any money or property.
- The debtor does not have to justify filing bankruptcy.
- Is not a law firm and this article should not be interpreted as creating an attorney-client or legal advisor relationship.
Whether filing a Chapter 7 or Chapter 13 bankruptcy, all debtors must complete a financial management course within 45 days of the scheduled 341 meeting. With features published by media such as Business Week and Fox News, Stephanie Dube Dwilson is an accomplished writer with a law degree and a master's in science and technology journalism. You must cooperate with the trustee, answer his or her questions, and provide any documents that he or she requests.
After the meeting of creditors, the court may issue orders upon the debtor.After the meeting, creditors may have questions or objections, so proceed one step at a time until your bankruptcy is discharged.
Did you list all of your debts? Did you read the schedules before signing? Disclaimer: Communications between you and LegalZoom are protected by our but not by the attorney-client privilege or as work product. Do you owe anyone domestic support? Do you want to make any corrections to the schedules?