chapter 13 what to expect with an attorney at the creditor's court meeting

Your attorney will represent you at the meeting Creditors are invited and allowed to attend, but it’s rare for a creditor to appear The Chapter 13 meeting of creditors is open to the public, so anyone can observe the proceedings. Like a traffic court setting, other debtors and their attorneys will be in the hearing room at the same time.

Full Answer

What happens at a chapter 13 meeting of creditors?

Jul 12, 2012 · The Chapter 13 meeting of creditors allows the bankruptcy trustee (and any creditors who attend—most don't) to: check your identification; verify information in your bankruptcy paperwork; ask about bankruptcy documents sent before the hearing; ask questions about your financial affairs; discuss your proposed repayment plan, and; explain where to …

What happens at a 341 hearing in Chapter 13 bankruptcy?

The Meeting of Creditors is a hearing that is held 20 to 40 days after the bankruptcy petition is filed. The debtor must attend this meeting, at which creditors may appear and ask questions regarding the debtor’s financial affairs and property. If a husband and wife have filed a joint petition, they both must attend the creditors meeting.

What happens at a meeting of creditors?

The Chapter 13 Meeting of Creditors - What to Expect. by Leon H. Rountree III ... What Can You Expect at the Meeting? ... in the Oakland Division of the Northern District of California Bankruptcy court, the meetings are held at a location other than the actual Bankruptcy court. The court itself is across the street.

What does a chapter 13 bankruptcy trustee do?

The goal of a Chapter 13 Trustee is to make sure your repayment plan is the best you can do, meaning all of your disposable income (after allowable expenses) is being used for your repayment plan. Your repayment plan is developed by you and our bankruptcy attorney and submitted to the bankruptcy court upon filing Chapter 13.

What questions will I be asked in the meeting with the creditors?

Common Bankruptcy Trustee QuestionsDid you review your bankruptcy petition and schedules before you filed them with the court?Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge?Did you disclose all of your assets?

What happens at Chapter 13 meeting of creditors?

When you file for Chapter 13 bankruptcy, you must go to a mandatory hearing called the meeting of creditors before your case can be approved (confirmed) by the court. The meeting of creditors is a short hearing that allows the trustee appointed to your case to verify information in your bankruptcy papers.

How long does it take to get discharge after meeting of creditors?

about 60 daysAssuming that everything goes according to schedule, you can expect to receive your bankruptcy discharge (the court order that wipes out your debts) about 60 days after your 341 meeting of creditors hearing, plus a few days for mailing.

What kind of questions can a creditor ask at a 341 meeting?

What Questions Will a Bankruptcy Creditor Ask at the 341 Meeting of Creditors? Your creditors will ask you questions about your present and past financial situation, business dealings, and property that you own.Nov 30, 2018

Does Chapter 13 trustee check your bank account?

Chapter 13 Bankruptcy The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal.

Why do Chapter 13 bankruptcies fail?

The court reviews your assets and income when deciding whether to approve your plan, and the plans don't leave a lot of room for luxuries. Chapter 13 cases require a lot of motivation to carry through three to five years of voluntary austerity, but that's just one reason they fail.

What is the next step after the meeting of creditors?

Your creditors have 60 days from the date of your initial meeting of creditors to object to your discharge. If no creditors object and you've completed all other requirements (such as filing your certificate of debtor education), then you'll receive your discharge after the deadline for filing objections passes.

What happens after a Chapter 13 discharge?

Your discharge means any remaining debt is forgiven and creditors cannot go after you for it. If they do, then you should contact your bankruptcy lawyer. You've made all your Chapter 13 bankruptcy payments and your debts are gone.Mar 15, 2021

Does trustee check your bank account?

You may be worried your bank will freeze your account as soon as it becomes aware of the bankruptcy but that rarely happens. ... Please be aware that your trustee does not have access to your personal account. A separate account is opened to manage your bankrupt estate.

Should I be nervous about 341 meeting?

The 341 Meeting in Pennsylvania and nationwide is an important step in the bankruptcy process. ... As long as you're going in with a trusted bankruptcy lawyer on your side, there is no reason to be nervous.Jul 8, 2019

What is a Rule 2004 examination?

Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property.

How soon after Chapter 7 discharge can I buy a car?

Getting a Car after Chapter 7 If yours was a Chapter 7 bankruptcy, that usually takes 4 to 6 months to complete. You should receive notice of your discharge roughly 90 days after your 341 meeting of creditors. After you get this notice, you can get a loan for a car.Aug 30, 2021

Preparing for Your Meeting

Before you ever go into your 341 room, you meet with one of our paralegals to go over what you can expect. She will give you a copy of the file documents as well as return your pay stubs, tax returns, and any other documents you may have given us.

At the Meeting

Seated at the table, you will see the trustee. This is the trustee, Gwendolyn M. Kerney, who is an attorney, not a judge. It is the trustee who conducts these hearings.

Mock Creditors Meeting

Trustee: We are about to conduct a meeting for Sherry Maples. Ms. Maples, may I see your identification? For the record, I am looking at Ms. Maples' driver's license and Social Security card. The Social Security numbers match. Ms.

After the Meeting

That's it. Each meeting only takes about 5 or 6 minutes and everyone is civil. Makes you wonder what you were so nervous about right?

What is the Purpose of the Chapter 13 Meeting of Creditors?

The purpose of the meeting of creditors (or 341 hearing), is to allow the bankruptcy trustee to review and confirm the information presented in your filed bankruptcy paperwork. You’ll be better prepared (and less nervous) if you know what to expect in the meeting.

Who Attends the Chapter 13 Meeting of Creditors?

The Meeting of Creditors is conducted by a representative of the trustee and will be attended by:

The Debtor is Questioned Under Oath by the Trustee

Often, there are as many as six meetings of creditors scheduled per room each hour. We recommend you arrive at least one half hour before the scheduled start time for your hearing, as downtown traffic and parking can be unpredictable. See driving tips and parking locations here. [LINK]

Federal Courthouse Security

Similar to airport security, you’ll be required to pass through a metal detector and be screened for weapons and metal by the U.S. Marshals who maintain security at the entry. You’ll empty keys, change, cell phones, and any other metal objects into a basket to pass through an x-ray conveyor. You may also be required to remove your shoes and belt.

Preparing For Your Meeting

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at The Meeting

Mock Creditors Meeting

After The Meeting