The responsibility for concluding or adjourning a S. 341 meeting lies with the Trustee. That responsibility must be carried out and concluded before the date set for objection to the discharge of debtors. The Meeting Of Creditors The Bankruptcy Code provides that "[w]ithin a reasonable time after th...
For any number of reasons, some bankruptcy filers choose to proceed without an attorney. Below is a list of suggestions to keep you on the right track. The Do's for Filing Bankruptcy Without an Attorney The following is a list of general directions to abide if you are filing your own bankruptcy case...
While Chapter 7 Bankruptcy is somewhat technical in terms of the information that needs to be provided to the court, the actual process of filing bankruptcy is pretty straightforward. The steps will vary somewhat depending on the state in which you file, but the following are the basics. Initial Con...
If you’ve never filed a business or personal Chapter 7 bankruptcy, you’ve missed out on the pleasure of attending a “341 Meeting of Creditors.” The purpose of this article is to explain the purpose of this important meeting, how to prepare for it, and what could go wrong. What is a 341 Meeting? Reme...
This guide will help you understand what the process will be for your first meeting with a bankruptcy attorney. Should I bring documents? Even though this is an initial meeting, you should consider bringing some paperwork with you. The following is a list of documents that may help you or the attorn...
I am often asked about what a “Notice of Filing Report of No Distribution.” Almost all Chapter 7 debtors will receive such a notice in their Chapter 7 Bankruptcy case. It is an important document that has big implications for your bankruptcy. Asset vs. No-Asset Bankruptcies Some Chapter 7 cases are ...
There are a lot of moving parts in a Virginia Chapter 7 Bankruptcy. Knowing the different players and the common terminology for those parties can help demystify the process. The following is provided by our provided by our Williamsburg Newport News Bankruptcy Attorneys. The Debtor The debtor is the...
For many, the filing of a Bankruptcy is the unintended consequence of an unavoidable stressful life event; the loss of a job, illness, divorce and the like. The thought of appearing in a courtroom and speaking about those problems added to the existing strain is enough to induce nausea! In the Great...
Chapter 7 bankruptcy cases in the Eastern District of Virginia have a predictable timeline associated with their administration. Failure to file the required documents by the statutory deadlines can result in dismissal of the bankruptcy case. Before Filing The debtor must complete their credit couns...
A Guide to understanding your Bankruptcy Court Hearing in the Middle District of Georgia, Valdosta & Albany Divisions. Why do I have to go to a hearing? The Bankruptcy Code (11 U.S.C. Sec. 341) requires that everyone who files for bankruptcy protection attend a Meeting of Creditors, which is sometim...
In a Chapter 7 or 13 bankruptcy, you must attend a “341 meeting," also known as the meeting of the creditors. This meeting typically takes place at a federal building in a meeting room with other debtors, the trustee (who looks over the case.) and in some cases, creditors. Here's how you can prepare...
A brief overview of how filing bankruptcy can help you get a fresh financial start. The Process Article I, Section 8 of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the Bankruptcy Code in 19...
The Judicial Conference has made significant changes to the Official Bankruptcy Forms. Beginning December 1, 2015, the Official Forms for the Southern District of Florida will be replaced with significantly modified, reformatted and renumbered versions. Financials The changes that will most affect d...
There is a company that we forgot to add to her bankruptcy case that is now garnishing her wages. This company was back in 2008 and just started the garnishing. We have been told that all debit before her filing is deemed as discharge because her case was a "no assets case". That being said, we have...
After you list all your options and you finally decide that enough is enough and you want to file for bankruptcy, it is best to know the things that go on your behalf and against you, so you will not have troubles that can hurt your bankruptcy case. Do: Tell your Lawyer Everything Even if it is emba...
Whether you are filing with an attorney or proceeding pro se, these are some helpful tips to gather information that will better prepare your case for filing. File Your Taxes It is a requirement that you provide your trustee, no less than seven days before your creditor meeting, with copies of your ...
Is it common for the chapter 7 process to be drawn out over a long period of time? Our bankruptcy was discharged in January 2014, but we had an issue with our homestead and after almost 2 years, we still don't know where we stand. Our trustee has hired an accountant to complete a tax return for the ...
I travel a lot, both domestically and internationally, for work. I am wondering what happens if for some reason I am unable to make it to the creditors hearing if my ch. 7 will get dismissed or proceed....
Part 1 In a consumer bankruptcy case (Chapter 7 or Chapter 13), every Debtor is required to attend a Meeting of Creditors (aka: the "341 Meeting" - the name comes from 11 U.S.C. ? 341, which lays out the requirement for the meeting). Federal Rules of Bankruptcy Procedure 2003 mandates that the 341 M...
Is filing Bankruptcy the right answer for me? I have been asked this question many, many times over my thirty two years in practice. I normally have a discussion with the person who asked this question around their individual finances. I start with finding out how much money they bring home each mon...
