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FAQ'S

 Court Meeting

1. Do I have to go to court?

There are not court hearings in a typical chapter 7 case. However, you are required to attend a meeting of the creditors in both a chapter 7 and 13 case. This meeting is also called a 341 meeting, or a first meeting of creditors. If you file a joint case, then your spouse must also attend the meeting of the creditors.

2. When is the meeting of the creditors held?

The court schedules the meeting of the creditors in about six weeks after your case is filed. The court will then mail a notice of the meeting of the creditors to you at the address that is listed in your bankruptcy papers. You can also find out the meeting date by calling the automated court information line at (877)-239-2547 or (973)-645-6033. The meetings are held at the Federal Courthouse in Trenton, and at the Seton Hall Law School located in Newark.

3. Can the day or time of the meeting of the creditors be changed?

No. The court sets the meeting date and time and will not change it. Adjourning a meeting of the creditor is a major hassle and it is also time consuming. There are additional legal fees charged charged if a client requests an adjournment. I charge my client an additional fee of $300 if he requests that I adjourn the meeting of the creditors. Bankruptcy lawyers file multiple case at once. Therfore, if you request that your meeting of the creditors date should be changed, then your lawyer will be forced to attend two meetings instead of ojly one. This is very time consuming and you will be billed for this aggravation and extra work. Moreover, your lawyer will also have to send out numerous notices to your creditors to advise them of any changes in the meeting dates.

4. Can my attendance at the court meeting be waived?

No, if you are filing for bankruptcy, and if you want to wipe out tens of thousands of dollars of debt, then you should at least be required to attend the meeting of the creditors. Bankruptcy is serious business and the institution should be given the respect that it deserves.

5. What do I have to bring with me at the meeting of the creditors?

You will have to bring your social security card and a governmental ID such as a driver’s license, county ID, military ID card or Passport. In the past there was significant fraud wherein a bankruptcy filer would use a fake social security number. This type of fraud would enable a filer to obtain a bankruptcy discharge, and not ruin his credit. However, some poor “smo” half way across the country would have his credit ruined because some fraudster used his social security card number to file for bankruptcy. Basically, these strict ID requirements are designed to reduce identity theft and bankruptcy fraud. Please note that the trustee strictly enforces these ID rules. Therefore, if you attend the meeting of the creditors and if you don’t produce your social security card and valid ID then your case won’t be processed, and you will have to attend yet another hearing date. Remember that your blockbuster card is not considered to valid ID in the bankruptcy court.

6. What questions will I be asked at the court meeting?

The meeting of the creditors typically takes between 10 and 20 minutes to conduct. If your case is complex, then the meeting may take much longer. Moreover, in some extremely complicated or questionable cases a trustee may request that you attend a more in depth meeting of the creditors. This extended meeting is usually held at the trustee’s own individual office. In self-employment cases or in cases wherein there is massive debt, then the trustee may want to conduct a very in depth meeting of the creditors.

In an average bankruptcy case the typical questions are:

a. Did you review the bankruptcy petition with your lawyer?;

b. Is the information on your schedules true and correct?;

c.  Do you own any real estate?;

d. Have you owned any real estate in the past five years?;

e. Do you have a right to file any type of personal injury suit?;

f. Does anyone owe you any money?;

g. What caused you to file for bankruptcy?;

h. Did your lawyer give you the bankruptcy information sheet?;

i. Do you owe any child support arrears?;

j. Are there any changes that you would like to make to your bankruptcy petition?;

Moreover, you will be asked to verify that the information in the papers which were filed is correct and to tell of any changes.

7. Will my creditors show up and antagonize me at the meeting of the creditors?

No, in the vast majority of cases your creditors will not show up at the meeting of the creditors. In my experience,  any creditors are more inclined to appear in cases wherein a debtor has a mixture of consumer debt and business debt. Moreover, if the bankruptcy petition attempts to discharge debts to a former spouse, then there is a good chance that the ex-spouse or his or her attorney will appear at the meeting of the creditors. Finally, if the debtor is a “wheeler dealer” and if his case has overtures of fraud, then in these type of cases some creditors may appear.

8. Will I have to give anything to the trustee?

The trustee will probably want you to give him with copies of:

a. Copies of your last few months of pay stubs.

b. A copy of your most recent tax return

c. Some trustees require that you produce a year’s worth of your banking records.

d. If you own a home, then you will be required to produce a market analysis of your home, or a recent appraisal.

e. If you own a home, then you will also be required to produce a current pay off statement of the mortgage.