All debtors are required to attend a meeting of creditors, as required by Section 341 of the Bankruptcy Code. It is normal for you to feel nervous about appearing before the trustee and your creditors to answer questions under oath about your finances, but a seasoned bankruptcy attorney will make sure you are fully prepared and walk you through each step of the process. Below are a few helpful tips for getting prepared for your meeting of creditors:
As your bankruptcy lawyer, we will provide you with a list of the documents you must bring to the meeting of creditors. Examples of the paperwork you will need to provide to the trustee include:
- Driver’s license (or other government from of ID) and social security card
- Proof of mortgage on home
- Title and liens on all vehicles (autos, motorcycles, boats, motor homes, 4-wheelers, tractors, etc.)
- Bank statements
- Pay stubs
The trustee assigned to administer your case may also provide you with a list of records to bring. Failure to provide the requested documents could result in your meeting of creditors being postponed to a later date. Continued failure to provide the records could result in your case being dismissed.
Questions You May be Asked
The meeting of creditors is a time for the trustee (and any creditors who appear) to ask questions and make sure the court has a full understanding of your financial situation. Below are examples of questions commonly asked:
- Have you reviewed your bankruptcy pleadings? Is everything correct?
- Did you list ALL of your assets and your debts?
- Do you expect any kind of windfall (like an inheritance) in the near future?
- Do you have any claims against anyone (like a lawsuit)?
- Confirm your current address
- Do you own any real property other than your home?
The most important piece of advice is to tell the truth. If you have concerns regarding any of your assets or debts, be sure to discuss it with your lawyer before your meeting of creditors.
If you are considering filing for bankruptcy, contact our office for a free consultation with attorneys who help you get a fresh and fair start.