FAQ
Frequently Asked Questions: Current Chapter 7 ClientsThe Bankruptcy Law Center provides the information on this web page as a courtesy to current and prospective clients. As stated in our Disclaimer this infomation is not intended to create an attorney/client relationship. Although we hope these pages are helpful, they are not intented as legal advice and should not be considered as such. As with all legal matters, information provided in this format is generalized. However, all cases are different as all people's personal situations are different. Therefore, you should not assume that all the information will apply in your circumstance. You should always confirm all matters with your attorney. Frequently Ask Questions Index
Q: I filed a bankruptcy case, and I am still getting calls from my creditors. Why?A: Sometimes it can take 4-6 weeks for a creditor to update its records to reflect that you have filed a bankruptcy petition. Inform the creditor that you have filed, give them the case number if you have it, and refer the creditor to us if they have any further questions. 1 Q: Where is the meeting of creditors held, and how do I get there?
[ back to top ] 2 Q: What will happen at the meeting of creditors?A: At the meeting of creditors, the trustee will ask a series of questions almost identical to the checklist used in our office during the first consultation with the attorney. The trustee is looking for non-exempt assets or to identify other legal issues in your case. In virtually every case, any of those issues will have been previously discussed with you by one of the attorneys. Creditors are permitted to attend the meeting and ask questions if they wish. Few, if any, of the creditors actually attend. [ back to top ] 3 Q: Will an attorney be present with me at the meeting of creditors?A: Yes, an attorney from Todd Trierweiler & Associates will always be with you at the meeting, although it may not be the attorney you met with for the initial consultation. The attorney will have reviewed your file thoroughly prior to the hearing, and will meet with you shortly before the hearing to answer any last-minute questions. [ back to top ] 4 Q: What do I need to provide the Trustee PRIOR to my hearing?A: No later than 7 days prior to your hearing, the Chapter 7 Trustee must have the following: Some of this you may have already provided to our office. (Usually #1 & #2) However, it is your responsibility to ensure that the Trustee has all of the necessary documentation prior to your hearing. [ back to top ] 5 Q: Do I need to bring anything to the meeting of creditors?A: In every bankruptcy case, the debtor is required to provide proof of identity at the creditors' meeting and documentation that verifies your social security number. Proof of identity: Proof of Social Security Number: In addition, while not required, it is helpful to bring the yellow folder given by the paralegal which contains a copy of the petition and other pertinent documents. [ back to top ] 6 Q: What happens if I accidentally miss my meeting of creditors?A: If you miss the meeting of creditors, you should immediately contact an attorney at our offices. Depending on the circumstances, we may be able to file a motion with the Court to reschedule the meeting, a ruling on which is discretionary with the judge assigned to your case. If the motion is denied, you may need to refile your bankruptcy case. [ back to top ] 7 Q: I inadvertently neglected to include a creditor. What can I do?A: As soon as you realize that you have forgotten to include a creditor in your bankruptcy filing, call the paralegal that you met with to type your petition. Depending on the circumstances of your case, it may be possible to add that creditor by amendment. There is usually a fee to add omitted creditors. [ back to top ] 8 Q: I am in a Chapter 7 case, and recently received an Adversary Complaint from one of my creditors. What does this mean, and what should I do?A: It usually means that a creditor is seeking a declaration that its particular debt should not be discharged as part of the Chapter 7 case. Contact an attorney with our office immediately upon receipt to review the complaint and discuss the options. [ back to top ] 9 Q: I am in a Chapter 7 case. When will I receive my discharge notice from the Court?A: A notice of discharge is typically issued by the Court 60-75 days after the conclusion of the meeting of creditors. If you do not receive it after 75 days, please contact our office. [ back to top ] 10 Q: What is the Financial Management Course and when do I have to complete it? A: Every debtor must complete a Financial Management Course DURING their bankruptcy and obtain and file a certificate before they are eligible for a discharge. Here are a few providers that can help you complete your Financial Management Course requirement: [ back to top ] 11 |
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