Administering Chapter 13 bankruptcy cases filed in the United States Bankruptcy Court for the Northern District of Ohio - Eastern Division (Cleveland), comprising Cuyahoga, Geauga, Lake and Lorain Counties

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 virtually using the Zoom application on your computer or mobile device.  Please be sure to have Zoom installed on your device prior to your scheduled meeting.  Login credentials will be provided to you on the official Notice of Meeting of Creditors and can also be found on the Trustee's homepage of this website.  Be sure to test the Zoom application prior to your meeting to make sure you know how the functions (video and audio) work and are familiar with how to maneuver through the application.  Knowing how to do this ahead of time will assist the Trustee with keeping the docket stay on pace.  If you do not know how to use the Zoom application for your meeting, your meeting will be rescheduled.

 

Hearings do not always start on time.  Please allow a window of up to 60 minutes after the scheduled meeting time for the examiner to call your case.  While you are waiting, please keep your camera and microphone turned off.  Once the examiner calls your case, you may turn your camera and microphone back on.

 

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 filing parties must attend.  Your attorney should appear with you. 

 

What should I bring to this meeting?

You are required to have the following items of identification:

  • A valid, unexpired photo ID, which includes the following:  Driver's License, State ID, Passport, Visa, Student ID or Military ID; 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, IRS Form 1099, or medical insurance card. (A tax return is not an acceptable form for proof of social security.)

If you do not have satisfactory documentation of your identity and social security number, the Trustee will not conduct the Meeting of Creditors and you will be required 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 and/or provided the Trustee the following documents:

  • A valid, unexpired photo ID as listed above;
  • Proof of social security as listed above;
  • 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; and
  • 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.

 

What if I need to reschedule my Meeting of Creditors?

If you have a Meeting of Creditors that needs to be rescheduled, please contact your bankruptcy attorney at least 24-48 hours in advance of the meeting.

 

 

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