Warning About Bankruptcy Questions
Answered Question
M$3.30
November 06, 2009 12:41 AM
About Bankruptcy - How long after you have your meeting with your creditors is you bankruptcy finalized?
About Bankruptcy - How long after you have your meeting with your creditors is you bankruptcy finalized?
So I filed my case back in september -9/3/09 to be exact.
I got my case number and everything.
I went to bankruptcy court on the 25th of september.
For the "meeting with the creditors".
What happens next?
Am I done?
Is everything clear?
I have gotten no notification of anything yet.
So I filed my case back in september -9/3/09 to be exact.
I got my case number and everything.
I went to bankruptcy court on the 25th of september.
For the "meeting with the creditors".
What happens next?
Am I done?
Is everything clear?
I have gotten no notification of anything yet.
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Best Answer Chosen by Asker
| November 06, 2009 01:46 AM |
-quote-
"Between 20 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor's financial affairs and property. 11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors' meeting and answer questions. Within 10 days of the creditors' meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).
It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests. The Bankruptcy Code requires the trustee to ask the debtor questions at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy such as the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. 11 U.S.C. § 341(c)."
-end of quote-
Source(s):
http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html
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I had my meeting on the 25th of september.
-quote-
"When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. 11 U.S.C. §§ 701, 704. If all the debtor's assets are exempt or subject to valid liens, the trustee will normally file a "no asset" report with the court, and there will be no distribution to unsecured creditors. Most chapter 7 cases involving individual debtors are no asset cases. But if the case appears to be an "asset" case at the outset, unsecured creditors (7) must file their claims with the court within 90 days after the first date set for the meeting of creditors."
-end of quote-