Bankruptcy Hearings

| Mar 31, 2011 | Bankruptcy |

Many times bankruptcy hearings are informal.  The First Meeting of Creditors is codified in section 341 of the Bankruptcy Code and is called the “341 hearing.”  That name is very appropriate, although the title named to that section is typically misleading.  It is also known as the “First Meeting of Creditors.”  True, the creditors are entitled to attend that 341 meeting, but they rarely do.  Secondly, there is rarely a second meeting of creditors.

At the 341 hearing, the trustee appointed by the court typically asks questions pertaining to the assets and the liabilities of the debtor as of the date of the filing of the bankruptcy.  If the debtor chose the Texas Property Code list of exemptions rather than the Bankruptcy Code’s list of exempt property than the trustee will likely want to see the debtor’s bank statements as of the date of the filing of the bankruptcy.  The reason for that is, no cash or bank account that are not IRS qualified retirement plans are exempt.  

The trustee in either Chapter 13 or Chapter 7 of the bankruptcy code will be examining the Means Test to determine what the alleged disposable income is under the 2005 legislation.