Posts tagged "meeting of creditors"

What happens at a bankruptcy meeting of creditors.

 When you file a bankruptcy you are required to attend a meeting of creditors. If you file a bankruptcy in South Jersey that meeting will occur in either Cherry Hill New Jersey, Camden NJ or Northfield NJ. The meeting generally is held about 30 days after filing. Most of the time no creditors come and your meeting is with just you, your attorney and the trustee. The trustee's job is basically to confirm that the information contained in your petition and schedules is accurate and to sell any nonexempt assets. Prior to the meeting your attorney will send numerous documents to the trustee which support the information contained in your bankruptcy. Your attorney will also review with you your petition and schedules prior to the meeting. As long as you have been straightforward with your attorney and your attorney has done what he is supposed to do the meeting of creditors should be relatively simple

BANKRUPTCY MEETING OF CREDITORS

The bankruptcy code requires that a Trustee appointed by the US Trustee's office conduct a meeting of creditors. In a simple Chapter 7 or Chapter 13 meeting of creditors, typically no creditors appear. Business bankruptcies are more likely to have creditors appear. At the meeting, the trustee will ask the debtors questions under oath about their assets, liabilities, income and expenses. Your attorney will be there with you and generally will review your case with you prior to the meeting. A debtor may plead the fifth to avoid testifying about a pending criminal matter but the failure to testify could prevent the debtor from receiving a discharge. Section 344 of the Bankruptcy Code provides that a person required to testify can seek immunity, although whether it would be granted would be decided on a case by case basis.

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