Although the meeting of creditors is a serious part of the bankruptcy process, Debtors may have to be out of town, become ill, or have important responsibilities that they cannot postpone. Attendance is required and requests for rescheduled meetings should not be made unless absolutely necessary. Failure to appear at the rescheduled meeting may result in the dismissal of your case.
Please note that in response to the COVID pandemic, Chapter 7 trustees will be convening Section Meetings of Creditors remotely, either by telephone or by video conference depending on the trustee to whom the case is assigned.
Consult your Notice to confirm which trustee has been assigned to your case. The U. Creditors are not required to attend these meetings, and do not waive any rights if they do not attend. The meeting usually lasts only about ten to fifteen minutes and may be continued if the trustee or United States Trustee representative is not satisfied with the information presented.
If the debtor fails to appear and provide the information requested, the trustee or United States Trustee representative may request that the case be dismissed, or may seek other relief against the debtor for failure to cooperate. If the case involves spouses filing jointly, both spouses must appear at the meeting of creditors.
Jump to Content. Search form Search. You are here Home » What is a a Meeting of Creditors? Learn what might raise a red flag at the meeting of creditors. In most cases, you'll have provided verifying documents to the trustee before the meeting of creditors.
It's common to send the trustee paycheck stubs, bank and retirement statements, and income tax returns. Some trustees require additional documents, and in some courts, you'll file the documents with the court. You'll likely want to bring a set of bankruptcy paperwork to refer to, too, along with anything else the trustee indicates will be needed.
If you're not sure if the item is appropriate, consult with an attorney. Parking around a courthouse or a court facility can be notoriously tricky. It's a good idea to make plans for parking before the meeting so you can arrive about fifteen minutes early. There might be several trustees holding meetings simultaneously, and the extra time should allow you to find the right room. You'll want to look at the calendar posted outside the hearing room door.
The trustee will set about ten cases during the same hour, so you'll want to see where you fall in the order. A judge won't be present. The trustee will conduct the hearing. Creditors might attend as well, although in many bankruptcy cases, creditors don't show up. The trustee will swear you in and ask a series of questions under oath. If satisfied, the trustee will conclude the hearing.
Otherwise, the trustee will continue it until another day. A continuance is rare if you've produced all required documents on time. You'll be one of about ten debtors set for the scheduled hour. Once the bankruptcy trustee calls your case, things move quickly. The bankruptcy trustee will ask a series of routine questions and inquire about any issues or matters needing more explanation. A creditor's questions can be short, as well.
If they aren't, the trustee will usually continue the debtor's meeting for another time to allow further questioning more below. In most cases, the hearing ends after ten minutes or less. The trustee will ask a series of routine questions that must be asked of every debtor.
The trustee will then ask about any particular problems that arise in your case. Most bankruptcy attorneys can predict what the trustee will ask and explain the situation ahead of time—to both you and the trustee. One of the benefits of falling toward the bottom of the calendar is knowing what the trustee will ask. Although your creditors will get notice of the hearing, most won't appear. Here are a few instances when a creditor might appear:.
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