Meeting of Creditors

 

 

What is the Meeting of Creditors?

Approximately four (4) weeks after your Chapter 13 petition is filed with the Bankruptcy Court, you will be required to attend the Meeting of Creditors.  The Meeting of Creditors gives the Trustee and your creditors an opportunity to talk to you about your finances and your plan for repaying creditors.  The Trustee will also ask about assets you own, debts you owe, income you earn and expenses you incur.  If you own a business, the Trustee will inquire about the operation of your business.

 

This examination is recorded and conducted under oath and penalty of perjury.  You are required to answer each question accurately, truthfully and to the best of your ability.  Your failure to appear at this meeting may result in the dismissal of your case.  If circumstances will prevent you from attending this meeting, contact your attorney immediately.  Work or family commitments are not satisfactory excuses for missing your scheduled meeting time.  If you need an interpreter, one may be provided for you at no expense.

 

When and where is the Meeting of Creditors?

You will receive a notice in the mail from the Bankruptcy Court detailing the date and time of your Meeting of Creditors.  The meeting is conducted on the sixth floor of the Howard M. Metzenbaum U.S. Courthouse, 201 Superior Avenue, just off Public Square and next to the Cleveland Public Library in downtown Cleveland.  Make sure you allow sufficient time to travel to the meeting and find parking.

 

Who must attend the Meeting of Creditors?

If the case is a single filing, only the debtor must appear.  If the case is a joint filing, both spouses must attend.  Your attorney should appear with you. 

 

What should I bring to this meeting?

You are required to bring the following items of identification:

  • A valid, unexpired photo ID (driver’s license, state ID, employee ID, passport, etc.).  If using employment identification, that employer must still employ you.

           and

  • Proof of your social security number.  Acceptable forms of proof of social security number are a social security card, social security statement, W-2 form, recent payroll stub, or other official documentation that indicates name and social security number.  (A tax return is not an acceptable form for proof of social security number.)

If you do not bring satisfactory documentation of your identity and social security number, the Trustee will not conduct the Meeting of Creditors and you will need to reappear at another date.


What should be submitted to the Trustee prior to the meeting?

Prior to the Meeting of Creditors your attorney should have filed with the court or provided the Trustee the following documents:

  • Recent pay advices. (If your spouse is not filing bankruptcy, recent pay advices of the non-filing spouse may also be required by the Trustee)
  • Your federal income tax return for the most recent calendar year. (If your spouse is not filing bankruptcy, the recent federal tax return of the non-filing spouse may also be required by the Trustee)
  • Affidavit of support if you are receiving regular financial assistance from a friend or family member, other than your spouse.
  • Business questionnaire and other related documents, if applicable. 

Upon conclusion of the Meeting of Creditors, the Trustee may require additional documents be provided such as savings, checking or brokerage account statements, verification of income and expenses, vehicle title or lease agreement, evidence of vehicle insurance, or business information.  Failure to timely provide these items may prevent the Trustee from conducting a proper analysis of your current financial situation and proposed bankruptcy plan; and may result in the Trustee asking the Bankruptcy Court to dismiss your Chapter 13 case.

 

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