This would basically be a meeting with the trustee. Creditors would have the right to show up, although they typically would not. One or two creditors might show up every once in a while but that would be about it. The purpose of this meeting would be for the trustee to identify the person who was filing for bankruptcy and to make sure they were the one who signed the paperwork, and to ensure that the paperwork was true and correct.
Where Does The Meeting Actually Take Place?
The meeting with the chapter 13 trustee would take place at her office, which is on Heritage Boulevard near where 281 and San Pedro meet, which is very close to the airport. The chapter 7 meeting with the trustee would occur at the bankruptcy courthouse on the third floor and it would be in a relatively small room. The trustee would be there and there would be a gallery for people to sit. It would be open to the public.
The person would never have to go into the courtroom for either chapter 7 or chapter 13 bankruptcy hearings, because they would just be conducted by the trustee. The proceedings would be recorded with an audio recorder and the person would be sworn in, they would ask the person questions and when it was over, the process would be done.
Would This Meeting Happen With All Types Of Bankruptcy Or Just A Certain Type?
Yes, there would be a 341 meeting for a chapter 7 bankruptcy and a chapter 13 bankruptcy. There would be a little bit more time spent at the meeting of creditors for a chapter 13 bankruptcy because they would be trying to make sure the 3 to 5 years that the plan would take would be feasible. There would be no monthly payments made to a trustee for a chapter 7, and the case would be over in 90 days. Part of the reason chapter 7 bankruptcies are so quick is because there would generally not be a lot to go over and there would be no cash flow to argue about.
Under What Circumstances Would A Creditor Show Up?
Sometimes in a chapter 13, we would get a creditor to show up when it was a local credit union involved and they just wanted to make sure the car was insured and they wanted to make sure the proper value of the car was listed. One attorney represents most of the credit unions in San Antonio and we have found that he is really easy to work with, which makes it really easy.
Every once in a while, an individual creditor may show up but that would only happen around once every 6 months, although typically nobody would be there.
At What Point During The Bankruptcy, Does This Meeting Actually Take Place?
This meeting would take place about 30 days after the filing of the case and in the context of a chapter 13, the trustee would set a specific date and then a notice would be mailed out by the bankruptcy clerk’s office to the person who had filed bankruptcy. The person would get a notice within about 10 days of the filing of the case, and it would usually be for a meeting that would be held about 20 days later. The meeting would be after a total of about 30 days after the case was filed. For chapter 13 cases, the meeting with the trustee would always be on a Wednesday, whereas in chapter 7 cases, the meeting with the trustee would be held on a Tuesday, Thursday or a Friday.
What Would Be Important To Know Before Going For This Meeting?
We would have to go over certain things when preparing for the meeting with the trustee. This would be all the basic information we had collected when preparing the case to be filed. The person who filed bankruptcy would have to come up with the information and provide it to us. They would then have to come back and read it again when we got it in the form that the court required. The person would basically have to go over this information a couple of times, so they would already have personal knowledge of all the information in the case so there would not really be a lot to prepare for that meeting and there would not really be a lot to worry about. If there was anything else we needed to provide more clarification on, we could take note of that so we could just follow up and provide it to the trustee after the meeting.
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