After a chapter 7 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 7 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, August 18, 2024 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:
- Please state your name for the record.
- Are you the debtor who filed this case?
- Did you review the bankruptcy information sheet?
- Do you acknowledge that you are testifying under the penalty of perjury?
- Did you sign under the penalty of perjury the petition and schedules filed in this case?
- Is everything on the petition and schedules complete and accurate?
- Did you provide your photo identification and proof of social security number prior to filing?
- Have you filed bankruptcy below?
- You own a (description of vehicle)?
- Do you own any other vehicles?
- Do you intend to keep paying on this vehicle (if applicable)?
- You own the real estate located at (description of real estate) (if applicable)?
- Do you own any other real estate (if applicable)?
- What is the reason you filed bankruptcy?
- Where are you currently working?
- Where is your spouse working (if applicable)?
- How many people are in your household?
- Did you understand the questions in petition and schedules?
- Did you carefully review the petition and schedules before signing under the penalty of perjury?
- 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