While in private practice, Andrea handled Take our screener or read our bankruptcy F. Upsolve is a c 3 nonprofit that started in Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges.
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Filing Guide. Frequently Asked Questions. Guidance from the Office of the U. Join Expert Community. Written By:. Attorney Andrea Wimmer Twitter LinkedIn Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor.
Continue reading and learning! Should I File Chapter 7 Bankruptcy? By the Upsolve Team. By Attorney Andrea Wimmer. Chapter 7 vs. The trustee is required to verify your identity. Bring photo identification, and a document showing your social security number — such as your social security card, or a pay stub.
All parties listed on the bankruptcy schedules will receive notice of the meeting of creditors. If any creditors do attend the meeting, it is typically out of curiosity, to ask whether their debt will be reaffirmed, or to ask about the location and condition of their collateral. The purpose of the meeting of creditors is largely informational, and the lack of participation by a creditor does not provide an advantage or disadvantage to them or to the debtor. The bankruptcy law prohibits the bankruptcy judge from attending the meeting of creditors.
Although the meeting of creditors is serious business, it is not a court hearing. No legally binding decisions can be made for you, or against you. Nevertheless, the meetings are recorded. The bankruptcy trustee will always preside over the meeting of creditors. The trustee will review your bankruptcy schedules prior to the meeting to identify any possible assets that are beyond your ability to protect, or any payments that were made before filing that the trustee may be able to recover.
Bankruptcy trustees make very little money in the usual case, so they learn how to quickly separate the cases where there are no assets from the cases where there may be assets. The Trustee and any creditor or other party in interest is entitled to ask questions regarding your assets and liabilities, as well as any questions that are relevant to the administration of the bankruptcy case, or your right to a discharge.
Be prepared to raise your right hand, be placed under oath, and to tell the truth with an honest and open heart. The only wrong answer to a question from the trustee or a creditor is an untruthful answer. The trustee may have discretionary questions. These questions are usually intended to determine whether you might have any nonexempt assets that could be claimed by the trustee, or whether there were payments to creditors or transfers of property made before the bankruptcy filing that might be recovered by the trustee.
The trustee will adjourn the meeting of creditors when all questions have been asked and answered, which often takes less than five minutes. For most parties that file bankruptcy, there are no Court hearings with a judge, and the meeting of creditors is the only face-to-face interaction with the trustee or the court system. In the majority of cases, the bankruptcy proceeding will automatically proceed to a discharge of debt after the meeting is adjourned. For many people, the conclusion of the meeting of creditors is the time when their relief from debt seems real, and they experience the opportunity of their fresh start and start to move forward with a second chance.
Your suggestions would help us improve this website for the next visitor. Greetings have you filed in Georgia and how does it effect student loans, garnishment, and live with friends and family. There were two things that needed to be checked on within 10 days, it was actually answered, the same day leaving court and an email sent to the trustee with the answers.
I have in few days. Filed it all myself, got forms online from federal court. Had to send court few other papers, but was easy.
So leave the suits and power dresses in the closet. You should always review your bankruptcy papers for errors and omissions, both before you file, but also before the meeting just in case anything was missed or needs to be updated. Want to know if you can file for bankruptcy? Take this quick quiz to find out! Avoid wearing expensive jewelry or accessories The first thing you should keep in mind is to avoid wearing any kind of expensive jewelry or accessories. What Is Chapter 13 Bankruptcy?
What Is The Automatic Stay? What Is The Bankruptcy Process? Code, Rules and Forms U. Paul St. What Should I Wear to a Meeting? Find me on: Facebook LinkedIn Twitter.
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