Bankruptcy Hearings

| Mar 8, 2011 | Bankruptcy |

Typically, there is no hearing in front of a judge or jury in bankruptcy court.  In the normal Chapter 7 Bankruptcy case a 341 meeting, or First Meeting of Creditors is held around 45 days after the date the case is filed.  Ordinarily, there are no creditors that appear.  Usually, there is no second meeting. 

However, when we file a bankruptcy then one of our attorneys will meet with you at the Plano Centre for a quick review of your schedules with the bankruptcy trustee.  The meeting is under oath, although it is very informal.  The typical time for the length of the bankruptcy meeting is around 2-5 minutes.  The trustees and any creditors that actually appear have the ability to ask you about your assets and liabilities as of the date you filed the petition.

The trustee may well ask you about your six month average of income for the months prior to the month in which you filed the bankruptcy.  That is because for all bankruptcies filed after October 17, 2005, the debtor must undergo a Means Test Analysis.  That is because Congress wants you to file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy and pay back a portion of your unsecured creditors. If you have a lot of unsecured debt, then the Means Test can be a pesky way of prohibiting you from obtaining the relief that you need unless you have a skilled bankruptcy attorney.