The Complete Bankruptcy Guide for Consumers and Small Businesses: Everything You Need to Know Explained So You Can Understand It by Sandy Baker

Author:Sandy Baker
Language: eng
Format: epub
Publisher: Atlantic Publishing
Published: 2013-05-12T00:00:00+00:00

For those who are not using an attorney, take the time a few days prior to the meeting of the creditors to call the trustee directly and request information on any documentation that should be brought with you. Contacting him or her prior to the meeting of creditors is not a problem, but avoid calling after this meeting occurs. In most cases, the trustee will have your details available to provide this information to you, but do not be alarmed if he or she cannot. In some bankruptcy courts, there are simply too many cases for the trustee to handle to be able to take phone calls regarding each one. Take the documentation listed above and plan to submit anything additionally requested at the meeting afterwards, though this could delay the meeting if the information is needed.

The good news is, for most bankruptcy filers the meeting of the creditors will take less than 15 minutes and is simple. You will arrive and have to wait your turn among other filers. Once your name is called, you will likely have a private meeting with your attorney and the trustee present, which is audibly recorded as any legal proceeding is. The trustee will ask you to take an oath that you will tell the truth throughout the meeting, and then he or she will ask general questions, such as why you are filing, what caused your financial distress, and if the information you have provided is accurate.

However, if you fail to attend this meeting, the trustee may automatically schedule your case to be dismissed, without discharging your debts. There is simply no way around attending this meeting. If you know there is a conflict, contact the trustee in advance to try to reschedule, but you will need a very good reason to back up your need to reschedule. Most trustees will reschedule the meeting one time for those who have a valid reason, such as a verifiable medical excuse or an immediate family emergency.

You will be sworn in during the meeting of the creditors. If you make false statements here, or regarding your bankruptcy petition, you could be found in contempt of court. Be honest. Be sure that all of your documentation is completely honest and accurate, too. One aspect to remember about this meeting is, the trustee will look you in the eye and ask if all information is accurate. If he or she believes in any way that you are lying to the court, the trustee will likely give a more thorough questioning process regarding your bankruptcy petition to verify each detail.

The biggest holdup for most people is that they are concerned about the questions that the trustee may ask. There is no way to know for sure what will be inquired until you arrive at your meeting and the questions begin. However, there are a few standard questions listed below. Know the answers to any and all of these that pertain to your individual bankruptcy case:

• Did you sign

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