For most people who file for bankruptcy, whether it be a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case, the only time you will be required to attend a legal proceeding will be at the Meeting of Creditors (sometimes you will hear attorneys refer to this meeting as the 341 hearing, this is simply the bankruptcy code section that requires this meeting). Approximately forty five days after your case is initially filed, you will be required to attend a meeting with your trustee. Your attorney will be present. While the meeting is called the Meeting of the Creditors, in fact, it is very rare that any of your creditors will show up. However, if they did, they would be permitted to ask you a limited number of questions.
For most, the Meeting of Creditors is very simple and straightforward, with many lasting 10 minutes or less. Prior to the Meeting of Creditors you might receive a letter in the mail from your assigned trustee requesting documentation. We will have almost all of your documentation, but you will need to bring some. It is vital that you provide this information and documentation to your trustee in a timely manner.
When you appear at the Meeting of Creditors, the trustee will be required to verify that you are who you say you are –specifically you will need to bring government issued photo identification as well as proof of your social security card.
At the meeting the trustee will likely ask you questions about the truthfulness of the information you provided to the court and inquire into any specific questions he/she may have in regards to the information provided to the court. It is normal to be a little nervous for the Meeting of Creditors, and it is something that you should take seriously and be absolutely candid in your responses, however it is nothing to lose sleep over and I will be there with you to help you along the way. Contact us today.