Meeting of Creditors – What to Expect
Section 11 U.S.C. Section 341 mandates that the United States Trustee “shall convene and preside at a meeting of creditors”. Despite the name of the meeting, there are very few creditors, if any, who bother to show up at this meeting! Also, for Chapter 7 and 13 cases, the United States Trustee generally is not present at the meeting of creditors. Rather, the United States Trustee appoints Chapter 7 and Chapter 13 trustees and one of them will be assigned to your bankruptcy case. Your assigned trustee is also the one who will preside at the meeting of creditors. The meeting of creditors for persons residing in the Phoenix area is at the Bankruptcy Court in downtown Phoenix.
At this meeting, debtors who have filed a consumer bankruptcy (Chapter 7 or Chapter 13) can expect a number of things to occur. First, their appointed trustee will administer an oath for truthfulness that they will be required to take. Second, they will be questioned regarding a variety things, common questions include: Have you filed a bankruptcy before? Did you review and sign the bankruptcy petition prepared by your attorney? How long have you lived in Arizona? What are the values of your vehicles and/or real estate?
Every bankruptcy case is different and every trustee is different. At the time of this writing, according to the U.S. Trustee website, there are twenty-three different Chapter 7 Trustees in Arizona and three different Chapter 13 Trustees. Couple this with the fact that no two bankruptcy cases are exactly alike, and you have the potential for many different types of questions. Depending on the circumstances, there may be questions that seem odd or confusing. Do your best and answer these questions as truthfully as possible and, if necessary, consult with your attorney.
In the rare case that a creditor does show up at your meeting of creditors, they will usually be given an opportunity to speak and ask you questions. The trustee will usually try to keep the questions on a guided path so that they only address issues pertaining to the bankruptcy filing.
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Contact us to learn more about bankruptcy and to find out if you qualify. Certain restrictions apply. Call Wright Law Offices at 480-845-0145 to schedule a free consultation with a Phoenix bankruptcy attorney.
Why should you hire our firm to represent you in bankruptcy?
Great question. Here are a few reasons:
- 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
- 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
- 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
- 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
- 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
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I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.