|
WHEN WILL I
RECEIVE ANY NOTICE FROM THE BANKRUPTCY COURT
ABOUT MY CASE?
Within 2-3 weeks of your bankruptcy case
filing you will receive an initial
Bankruptcy Court notice confirming your case
filing. (Click
here to see the actual notice form).
The Bankruptcy Court Clerk will send this
notice to all of your creditors listed on
your bankruptcy petition. This notice will
contain the following information: (i) name
and address of the court; (ii) case number
and judge; (iii) your name and address; (iv)
name and address of the bankruptcy trustee
(the person in charge of administering your
bankruptcy case); (v) name and address of
your attorney; (vi) the type of bankruptcy
you’ve filed (chapter 7 or chapter 13);
(vii) the date and location of your
creditors’ meeting; and (viii) deadline
for creditors to file any objection to your
bankruptcy case..
WHEN WILL MY
CREDITORS’ MEETING BE SCHEDULED?
Usually within 30 days of the bankruptcy
filing.
WHERE IS THE
CREDITORS' MEETING HELD AND HOW DO I GET
THERE? Click
here for directions to the U.S.
Trustee's Office in Newark.
CAN YOU
SCHEDULE MY CREDITORS’ MEETING AT A TIME
THAT IS CONVENIENT FOR ME?
No. The Bankruptcy Court Clerk is solely
responsible for scheduling your creditors’
meeting; we do not have any control over
when the meetings are scheduled. In other
words, at the time your bankruptcy case is
filed we cannot choose the exact date and
time of your creditors’ meeting.
WHERE WILL MY
CREDITORS’ MEETING BE HELD?
Depending upon where you reside, your
creditors’ meeting will be conducted either
in Camden, Trenton, or Newark.
IS THE
CREDITORS’ MEETING CONDUCTED IN A COURT ROOM?
No. The meetings are conducted either in
“meeting rooms” of the U.S. Trustee’s Office
or at the bankruptcy courthouse. You should
not expect to be in a traditional court room
like you’re accustomed to seeing on
television.
ARE
CREDITORS’ MEETINGS PRIVATE?
No. Creditors’ meetings are open to the
“public”, though these meetings are not
formally advertised in any newspaper or
publication. In addition, there will be
other clients and attorneys waiting in the
same room for their cases to be called.
CAN CREDITORS
COME TO THE MEETING?
Yes. That’s why it’s called a “creditors’
meeting”. In most “no-asset” bankruptcy
cases, however, creditors rarely attend
these meetings. Sears is the exception.
HOW LONG WILL
THE CREDITORS’ MEETING TAKE?
Because of the volume of cases scheduled on
a daily basis, it can sometimes take up to 1
hour or more before your case is called.
Once your case is called, the average
creditors’ meeting doesn’t last more than
3-4 minutes.
WHAT DO I
NEED TO BRING WITH ME TO THE CREDITORS’
MEETING?
The creditors’ meeting notice states that
the trustee requires 2 forms of personal
identification to be presented at the
creditors’ meeting: (i) a photo driver’s
license or passport; and (ii) social
security card or other form of proof of your
social security number, such as w-2 forms,
signed tax returns, payroll stub. In
addition, some trustees may require you to
bring tax returns. If you own a privately
held business, you may be required to
produce business income tax returns and a
balance sheet. Our office will notify you
in advance of the creditors’ meeting if we
receive any specific requests from your
bankruptcy trustee.
WHO HAS TO GO
TO THE CREDITORS’ MEETING?
Both you and your attorney are required to
attend the creditors’ meeting.
HOW SHOULD I
DRESS FOR THE CREDITORS’ MEETING?
There is no formal or required dress code.
Dress as you wish.
WHAT
QUESTIONS WILL THE TRUSTEE ASK ME AT THE
CREDITORS’ MEETING?
The bankruptcy trustee will ask you a series
of questions, such as: (i) your name and
address, and social security; (ii) whether
you reviewed the petition with your attorney
before you signed it?: (iii) whether the
petition accurately reflects all of your
assets and liabilities?; (iv) whether you’re
employed?; (v) whether you’ve ever owned or
transferred any real estate?; (vi) whether
you own a car?; (vii) whether anyone owes
you money?; (viii) whether you expect to be
receiving an inheritance within the next 6
months?; (viii) whether you’re a plaintiff
in any personal injury cases?; (ix) whether
you have any claims for personal injuries or
damages?; (x) whether you own any stocks?;
(xi) whether you have any bank accounts?;
(xii) whether you own stock in any privately
held businesses?.
WILL THE
BANKRUPTCY JUDGE ATTEND MY CREDITORS’
MEETING?
No. The bankruptcy trustee is the person
who is responsible for investigating your
assets and liabilities. The bankruptcy
judge only gets involved if formal
proceedings are filed by you, the bankruptcy
trustee, or any of your creditors.
WHAT HAPPENS
AFTER THE CREDITORS’ MEETING?
The initial creditors’ meeting notice
specifies the deadlines for any creditors to
object to your bankruptcy. Creditors have
60 days from the date of the creditors’
meeting in which to file certain
objections. All you can do is wait for 60
days to expire. If no objections are filed
within that time, then the court will issue
a discharge order and your case is
completed.
We are a debt
relief agency. We help people file for
bankruptcy relief under the Bankruptcy Code.
Return to
Bankruptcy Law Practice Page.
|
