How to prepare for the creditors meeting in my bankruptcy

Written by admin on May 19th, 2009

The rules state that you need to bring a copy of your most recent paystub and a bank statement reflecting the balance of each account on the date of filing.  In Houston the Chapter 7 trustees also ask for 90-180 days of bank statements that need to be provided in advance of the meeting as well as a questionnaire.  I prefer to fill out the questionnaire in advance with the client so that there are no surprises and to prevent having to discuss this with the client in front of other poeple.

Make sure you bring your drivers license and social security card.  The  U.S. Marshalls will not let you in the court house without a picture ID issued by a governmental agency.

Do not bring any firearms or other weapons.  It is a federal offense to have them on the sidewalk outside of the building and to enter with it even if you declare it at the checkpoint you will be handcuffed and may be prosecuted depending on whether the U.S. Attorney tells the U.S. Marshalls to let you go or not.  Do not push this one.

Also you will be asked to leave any cell phones, computers, or other devices that have cameras or recording devices with the U.S. Marshalls at the checkpoints.  Note that in some other federal court houses you will not be allowed to bring any cell phones, or mobile data cards inside.  These policies vary from court house to court house.

Once you are in the door and waiting in the creditors meeting waiting area, beware that the meeting run behind schedule all the time.  While most consumer bankruptcy cases will only involve five minutes with the trustee you may wait for an hour first.  You will be asked to put your name on a sign in sheet and show a picture ID and social security card.  You will be asked why you filed for bankruptcy, if your attorney has advised you of the effect of a discharge in bankruptcy and if you understand the consequences of reaffirming a debt and you may be asked to acknowledge if you become entitled to a tax refund, an inheritance or certain other property within 180 days of filing you must notify the trustee is it maybe part of your bankruptcy estate.

Remember that there is no judge there, just the trustee.  This is also why you can dress casually.  You will however be sworn in and give testimony under oath so make sure you speak clearly and do not guess.  If you are not sure of the answers you should say so.

Creditors usually do not show up except for Conn's and maybe Rent-A-Center.  They can ask questions.  They are not required to appear.  If you have a Chapter 13 case the IRS may send someone to ask questions if there are missing tax returns or other discrepancies.  If you are in a Chapter 7 the U.S. Trustee may send someone who might ask a lot of questions particularly if you are above median income on the means test and do not clearly pass in their opinion.  If this is the case they are likely to have many more questions than the Chapter 7 Trustee.

After the creditors meeting you should take your financial management course, make any final decisions on whether to reaffirm a secured debt in Chapter 7, and then wait for your discharge which will be at least 60 days later.

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