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FAQs for Debtors
What is a Section 341 Meeting or Meeting of Creditors?
The Section 341 Meeting (so-called after §341 of the Bankruptcy Code), also called the Meeting of Creditors or Creditors’ Meeting, is a meeting that a debtor is required to attend after filing for bankruptcy. The meeting is conducted by the case trustee or the U.S. Trustee. The Bankruptcy Judge does not attend this meeting. The debtor must appear at this meeting and testify, under oath, about his/her financial condition, assets and liabilities. The debtor will be asked questions about the information contained in the bankruptcy paperwork filed with the court. Creditors may also attend this meeting and may question the debtor about his/her financial affairs. Generally however, most of the questions originate from the case trustee. If a debtor fails to attend this required meeting, the case trustee may seek to dismiss the bankruptcy case. A debtor cannot receive a discharge in bankruptcy without attending this meeting unless a special exception is granted.
The Creditor's Meeting is held between twenty (20) to forty (40) days after the bankruptcy case is commenced. Within a week after the bankruptcy case is filed, the debtor will receive notice by mail of the date and time of the Creditor's Meeting. The debtor is required to bring certain identification information to this meeting.
What if I need to amend schedules other than D,E or F?
All other schedules may be amended without a fee. Schedules are amended by submitting the new schedules entitled Amended, signed by the debtor(s), and clearly noting the nature of the amendment (change) using a bolded or italicized font, or underlining the change(s).
What do I do if I forgot to include a creditor in my schedules? (Schedules D, E and F)
If additional creditors need to be added to your bankruptcy schedules after filing, the applicable schedule (D, E, or F) must be amended. There is a fee to amend schedules D, E and F to add creditors or to change the amounts on these schedules. Amended schedule(s) listing the new creditors and/or any changes must be filed and signed under oath by the debtor(s). A certificate of service is also required indicating that the added creditor(s) have received a copy of the amended schedules and a copy of the Section 341 Meeting Notice. If a large number of creditors are being added, a new creditor mailing list is also required containing only the added creditors names and addresses.
What do you mean by Creditor Mailing List?
A list of creditors is a list of the names and current addresses of all creditors and other parties that should have notice of a bankruptcy. It is prepared by a debtor and must be filed at the same time the bankruptcy petition is filed. As a debtor, it is your responsibility to ensure you have listed current, valid addresses for your creditors. If mail sent by you or the Clerk’s Office regarding your bankruptcy comes back as "undeliverable," it is your responsibility to try to find a good address for the creditor
and notify the Clerk’s Office of the good address. Additionally, if you obtain a different address for a creditor after you file your bankruptcy, you must notify the Clerk’s Office in writing of the new address.
How can I get immediate proof of my filing?
If you feel a more immediate notice of your bankruptcy must be given to a particular creditor, it is your responsibility to determine what type of notice is appropriate and give that notice to the creditor. A printed “Notice of Bankruptcy Filing” can be obtained from the Clerk’s office. This Notice has the Court seal, and the date and time of your filing.
Do I need to send a copy of the petition to anyone else?
No. The Clerk's office will notify all the creditors you have listed on your creditor mailing list of your bankruptcy filing as well as your case trustee and the United States Trustee, by mailing a written notice. For this reason, it is very important that you provide complete addresses, including city, state and zip code, for each creditor on your creditor list.
How are creditors notified of my bankruptcy filing?
A notice entitled “Notice of Chapter ____ Bankruptcy Case, Meeting of Creditors and Deadlines” is issued by the Court to the creditors listed on your creditor mailing list within 5 days of the filing, informing them of your case number, date of filing, social security number, the date of the Section 341 (creditor) meeting, and particular case deadlines. This notice is usually received by the creditors within a week of the filing.
Can I get a copy of my Bankruptcy Petition when I file it?
If you would like to have a conformed (file stamped) copy of bankruptcy documents you file with the Clerk's office, you must make one extra copy of these documents for yourself. The Clerk will file stamp the extra copies and return them to you. If you are mailing your documents to the Clerk's office, you must include an extra copy and provide a self addressed, stamped envelope with enough postage to cover return postage for these documents.
You should keep copies of all legal documents, including your bankruptcy petition and discharge order, if granted, in a safe place as you may need them in the future to secure mortgages, loans, and/or to dispute credit reports.
How many copies of court documents do I need to file with the Clerk's office?
None. You may bring an extra copy to be time stamped for your records
Where do I file?
You may hand deliver or mail to any one of the three Bankruptcy Court locations. Click on the link Court Info and then click on Court Locations.