What is and what happens at the meeting of creditors?

October 24, 2011

The Meeting of Creditors:  a Brief Overview

The meeting of creditors is conducted by the trustee assigned to your case. The meeting of creditors gives the trustee and others a chance to ask questions about your financial affairs. Despite the name, few creditors appear at the meeting of creditors in a consumer bankruptcy. You, however, must attend. If you filed jointly with your spouse, you must both attend. Usually, the best thing you can do to prepare for this meeting is to review the papers we have filed with the the bankruptcy court in your case.

Documents to Bring to the Meeting of Creditors

You are required to bring certain documents with you to the meeting of creditors. It is important that you locate these documents now so that you will have them on the meeting date. You will need to bring the following documents:

  • A picture form of identification, such as a drivers license or a passport (if you do not have a picture ID, provide some other personal identifying information that establishes your identity);
  • Some proof of your Social Security Number (or  a written statement that you do not have a Social Security Number or that no proof is available);
  •  Proof of your current income, such as your most recent pay stub (which could have your Social Security Number on it if you are having trouble locating proof of  your having one)
  • Copies of all bank statements (checking, savings, and money market accounts, mutual funds, brokerage accounts, and so forth) that you have received for the time period that includes the date your bankruptcy petition was filed.

Who is the Trustee and what will the Trustee ask me at the Meeting of Creditors?

October 24, 2011

The Trustee is the presiding officer at the Meeting of Creditors. The meeting does not occur in a courtroom.

After you are sworn in the trustee is required to ask you questions about your petition —

  • Whether you have read the bankruptcy information sheet?
  •  Whether you signed and read all of the documents involved in your petition?
  • Is the information accurate?
  •  Have you listed all creditors?
  •  Did you list all assets?
  • Do you know of any errors on the petition?
  • Have you filed bankruptcy before?
The Trustee may ask more detailed questions if desired.  Here is a list of suggested questions by the Department of Justice for Trustees listed under
SAMPLE GENERAL QUESTIONS (To be asked when deemed appropriate.)

 

The Trustee will ask at best only a few of these questions, but it would be worthwhile to be familiar with them.

By far the most important thing is to be completely honest. One of the worst thing you can do is trying to hide the fact that you have something of value. As long as you keep that in mind you should not have any trouble with the meeting of creditors.

Notice

The law office of Steven J. Hunter is a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code

Full Legal Disclaimer

What is bankruptcy?

Bankruptcy is a right provided by law to people who are deeply in debt and in need of a fresh start. Bankruptcy will discharge many of your debts and you will not have to pay them, except that mortgages and other liens may still need to be paid if you want to keep the secured property.


See Beginner's Bankruptcy above