Archive for Bankruptcy

Nobody wants to think about the “last resort” of personal financial distress – bankruptcy. Unfortunately, it can be a necessary choice if there are simply no other options left. If you’ve decided that bankruptcy is your only chance for getting your first good night’s sleep in months, you’re probably a bit stressed about one of the necessary elements of bankruptcy – the 341(a) meeting of creditors.

At some point after you file your bankruptcy petition (usually about 30 to 45 days), you’ll have to attend a bankruptcy hearing, formally known as a 341(a) meeting of creditors. The name conjures up images of irate collectors waiting at the courthouse to grind you into the mud and make you feel like total dogshit.

Fortunately, it’s usually not like that. First, the whole ordeal takes about 10 minutes (or less). I don’t know about you, but I can imagine far worse. Even if the bankruptcy hearing involved being spit-roasted, it would still be less painful than sitting through any of the Twilight movies. It’s all relative. But it’s not even that bad.

For the most part, the conversation will take place between you and the bankruptcy trustee. Under federal law, the trustee must ask you several questions:

  • What is your name?
  • What is your current address?
  • Did you read the bankruptcy documents, including the petition and schedules?
  • Did you sign the bankruptcy documents of your own volition?
  • Is the information in the bankruptcy documents true and correct, to the best of your knowledge?
  • Are there any errors in, or items omitted from, the bankruptcy documents?
  • Have you listed all assets and creditors on the bankruptcy schedule?
  • Have you provided a true and accurate copy of your most recent tax return?
  • Do you have an alimony or child support obligation? Are you current on this obligation?
  • Have you filed tax returns for the previous four years?

Not so bad, right? Of course, the trustee may also ask additional questions as permitted by state law, but it’s a far cry from a spit-roasting (or watching Kristen Stewart mope for 90 minutes).

But hang on. It’s called a “meeting of creditors” for a reason. Creditors may (but aren’t required to) attend to give you a bit of hell. Mostly, they want you to agree to a reaffirmation, which is a stupid idea unless your debt is secured by collateral. If any creditors bother to show up, your attorney will likely advise you to provide as little information as possible.

So that’s it. 10 minutes (15, tops) and this ordeal is over. Then you go on with life, and the trustee and your attorney go off to a three-martini lunch. Not so bad, especially considering you can finally get a good night’s sleep when it’s over.

Categories : Bankruptcy
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