There are a few different reasons to file for Chapter 13. Probably the first one is if you are not qualifying for the Chapter 7.
Jan. 13, 2023
What Do I Bring to The Meeting of Creditors?
There are 2 things you must do after your case is filed: (1) attend the meeting of creditors (aka the 341 hearing); and (2) complete a debtor’s education course via phone within 75 days from the date your case was filed. The 341 hearing is sometimes referred to as the meeting of creditors because your creditors can attend the meeting and ask you questions about the information contained in your petition. It is rare that any of your creditors attend the meeting. Typically, it is a meeting between you, your attorney, and the trustee. The trustee is the attorney hired by the court to oversee your case and determine if any of your assets are not protected under the laws. This is a very straight forward meeting. To determine the meeting location, see our areas of service page. There are 4 things you must bring to this meeting:
(1) Drivers license – or other state identification;
(2) Social security card – if you do not have your card, you must present a legal document with your full social security number on it. This includes your original W2 for the most recent tax year (the document you receive in the mail, NOT a copy of it), military papers, or you can get a social security number verification at your local social security administration office. Because ordering a new card can take up to 8 weeks, you likely will not receive a replacement card in time for your meeting of creditors, which occurs approximately 30 days after your case is filed. What does NOT work as an alternative to your social security card? Your birth certificate and your passport will NOT be accepted as neither includes your social security number. If you do not present sufficient proof of your social security number, the trustee will not hold the hearing and you must reschedule it;
(3) A bank statement from each account that has your name on it – ALL of the bank accounts listed on schedule B of your petition, showing the balance as of the day we filed your bankruptcy (approx. 1 month prior to the date of the hearing). The statements can be online print offs, but must show the bank name, and the name on the account. Read this carefully, this is the number one trustee pet peeve. Bring a statement from every bank account with your name on it (don’t forget your savings account even if you never use it, don’t forget your child’s savings account if your name is on it.) Second, make sure that the statement or online print off shows the balance and/ or activity from the date your case was filed NOT the date of the hearing; and
(4) Your most recent pay stub. If you are self-employed or unemployed, you do not have to bring a pay stub.
I recommend getting to the meeting about 15 minutes early so that we can discuss the meeting before going on the record.
The three common triggers for bankruptcy are unemployment, medical expenses, and divorce. Unemployment can trigger bankruptcy, which is pretty straightforward.
The trustee has a duty to conduct due diligence, and that basically means reviewing the documents that are filed by the debtor and then holding a hearing called a Section 341 hearing in which the trustee asks some standard questions of the debtor.