After a chapter 13 bankruptcy filing, the debtor is required to attend a hearing called the meeting of creditors. The meeting of creditors is held pursuant to 11 U.S. Code § 341 and is a short, recorded hearing that allows the chapter 13 trustee (the “Trustee”) appointed to the case to verify information in the bankruptcy filing. As with any hearing where the witness is placed under oath, the testimony is subject to the penalty of perjury and must be honest.
When and Where?
The meeting or creditors is held electronically via Zoom approximately four to six weeks after the petition date. The meeting of creditors is set for a specific date and time (example, June 9, 2025 at 9:00 am). The debtor should expect the trustee to schedule other debtors during the same meeting hour (approximately 10-14 cases may be called per hour). Unfortunately, delays in these hearings are common and so the debtor should put aside ample time so as to be available when needed.
Who attends the meeting of creditors?
The meeting of creditors is attended by the following parties:
- Debtor (mandatory)
- Debtor’s attorney (mandatory)
- The Trustee or their attorney (mandatory)
- Creditors (may attend)
- The Office of U.S. Trustee (may attend)
- The public (may attend)
Calling this hearing the “meeting of creditors” is a bit inaccurate as while creditors are allowed to attend and ask questions, they seldom participate in these hearings. Instead, the Trustee or their attorney ask the debtor a series of questions. Below is a list of questions from a recent meeting of creditors:
- Do you swear to tell the truth?
- Please state your name for the record.
- Are you the debtor that filed this case?
- Did you provide your photo identification and proof of social security number prior to filing?
- Do you live at the same address at when you filed?
- Have you filed all required taxes for the last 4 years?
- Do you owe child or spousal support obligations?
- Have you filed bankruptcy before?
- Have you made the 1st plan payment in this case?
- Have you setup payments via TFS or do you want the plan payment taken out of your payroll?
- How often are you paid?
- How many people are in your household?
- Did you leave any real estate and inherited property off your schedules and statements?
- Has anyone passed away recently where you may have an interest in inheritance?
- Have you received any large gifts recently?
- Is your income the same as when you filed?
- Have you transferred any real estate out of your name in the last 5 years?
- Did you review statements and schedules?
- Are the statements and schedules accurate?
- Did you list all your assets and debts?
- Any creditors present?
When answering the Trustee’s questions, the three best answers are:
- Yes
- No
- I do not know
If the Trustee’s question calls for a longer narrative, it is best to keep your answer as short as possible. Also, be sure to only answer the question that the Trustee asks.
Conclusion of the meeting of creditors
If the Trustee is satisfied with the debtor’s paperwork and testimony, they will conclude the meeting of creditors and the debtor will not be required to attend another hearing in front of the Trustee. If the Trustee needs more information, they will continue the meeting of creditors to another date. However, if the issue is resolved before the continued hearing date, the debtor may not need to show up to the continued meeting of creditors.
Contact Ronald Page
Ronald Page, PLC
PO Box 73087
N. Chesterfield, VA 23235
(804) 562-8704
rpage@rpagelaw.com