Under Section 341 of the United States Bankruptcy Code, a person filing bankruptcy is required to attend a "meeting of creditors." The reality is that hardly anyone shows up at the meeting except the person filing bankruptcy, that person's attorney, and the bankruptcy trustee.
At the meeting of creditors, the bankruptcy trustee will ask the person filing bankruptcy some short questions. Typically, the trustee will ask whether the paperwork submitted to the court is true and accurate and whether any amendments need to be made. The trustee might also ask specific questions about the information contained in the paperwork, such as whether the person transfered any property before filing bankruptcy. Click on this link for a sample list of questions asked at the 341 Meeting of Creditors in Fort Myers. Creditors are sent written notice as to when the meeting takes place. Typically, creditors do not attend the meeting. If they choose to attend, they are not allowed to ask questions for very long. They might ask short questions, such as whether the debtor has insurance on the property that he or she wishes to keep and whether the debtor intends to keep certain property. If the creditor thinks the debtor committed fraud and wants to question the debtor extensively, the creditor will need to set the matter for a deposition at a later date. Typically, the meeting of creditors lasts approximately 5 minutes.
At the meeting of creditors, the debtor will need to bring a government issued photo ID and a social security card. If the debtor does not bring these items, the trustee will conduct the meeting but will require the debtor to come back at a later date with his or her ID and social security card. If the debtor fails to provide these items, the trustee will file a motion to dismiss the bankruptcy case.
If you would like to meet with a bankruptcy attorney in Cape Coral, Fl, to discuss your case, please contact the Rothrock Law Firm at (239) 206-1948 for your free initial consultation.