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Chapter 7 Bankruptcy Creditors’ Meeting FAQs

Chapter 7 Bankruptcy FAQs for Creditors’ Meetings

WHEN WILL I RECEIVE ANY NOTICE FROM THE BANKRUPTCY COURT ABOUT MY CASE? [1]

Within 2-3 weeks of your bankruptcy case filing you will receive an initial Bankruptcy Court notice confirming your case filing. (Click here [2]NJ Bankruptcy Lawyers [3] to see the actual notice form). The Bankruptcy Court Clerk will send this notice to all of your creditors listed on your bankruptcy petition. This notice will contain the following information: (i) name and address of the court; (ii) case number and judge; (iii) your name and address; (iv) name and address of the bankruptcy trustee (the person in charge of administering your bankruptcy case); (v) name and address of your attorney; (vi) the type of bankruptcy you’ve filed (chapter 7 or chapter 13); (vii) the date and location of your creditors’ meeting; and (viii) deadline for creditors to file any objection to your bankruptcy case.

WHEN WILL MY CREDITORS’ MEETING BE SCHEDULED? [1]
Usually within 30 days of the bankruptcy filing.
CAN YOU SCHEDULE MY CREDITORS’ MEETING AT A TIME THAT IS CONVENIENT FOR ME? [1]

No. The Bankruptcy Court Clerk is solely responsible for scheduling your creditors’ meeting; we do not have any control over when the meetings are scheduled. In other words, at the time your bankruptcy case is filed we cannot choose the exact date and time of your creditors’ meeting.

WHERE WILL MY CREDITORS’ MEETING BE HELD? [1]

Depending upon where you reside, your creditors’ meeting will be conducted either in Camden, Trenton, or Newark.

  • Newark:  U.S. Trustee’s Office, One Newark Center, Corner of Raymond Blvd. & McCarter Highway, 14th Floor, Newark, New Jersey, 07102.  Directions [4].
  • Trenton:  Clarkson S. Fisher U.S. Courthouse, 402 East State Street, Room 129, Trenton, New Jersey 08608.  Directions [5].
  • Camden:  1423 Tilton Road, Suite 5, Northfield, New Jersey 08225.  Directions [6]
IS THE CREDITORS’ MEETING CONDUCTED IN A COURT ROOM? [1]

  No. The meetings are conducted either in “meeting rooms” of the U.S. Trustee’s Office or at the bankruptcy courthouse. You should not expect to be in a traditional court room like you’re accustomed to seeing on television.

ARE CREDITORS’ MEETINGS PRIVATE? [1]

No. Creditors’ meetings are open to the “public”, though these meetings are not formally advertised in any newspaper or publication. In addition, there will be other clients and attorneys waiting in the same room for their cases to be called.

CAN CREDITORS COME TO THE MEETING? [1]

Yes. That’s why it’s called a “creditors’ meeting”. In most “no-asset” bankruptcy cases, however, creditors rarely attend these meetings.

HOW LONG WILL THE CREDITORS’ MEETING TAKE? [1]

Because of the volume of cases scheduled on a daily basis, it can sometimes take up to 1 hour or more before your case is called. Once your case is called, the average creditors’ meeting doesn’t last more than 3-4 minutes.

WHAT DO I NEED TO BRING WITH ME TO THE CREDITORS’ MEETING? [1]

The creditors’ meeting notice states that the trustee requires 2 forms of personal identification to be presented at the creditors’ meeting: (i) a photo driver’s license or passport; and (ii) social security card or other form of proof of your social security number, such as w-2 forms, signed tax returns, payroll stub. In addition, some trustees may require you to bring tax returns. If you own a privately held business, you may be required to produce business income tax returns and a balance sheet. Our office will notify you in advance of the creditors’ meeting if we receive any specific requests from your bankruptcy trustee.

WHO HAS TO GO TO THE CREDITORS’ MEETING? [1]

Both you and your attorney are required to attend the creditors’ meeting.

HOW SHOULD I DRESS FOR THE CREDITORS’ MEETING? [1]

There is no formal or required dress code. Dress as you wish.

WHAT QUESTIONS WILL THE TRUSTEE ASK ME AT THE CREDITORS’ MEETING? [1]
The bankruptcy trustee will ask you a series of questions, such as:

  • Your name and address, and social security (you must a photo ID and proof of social security number to the creditors’ meeting)
  • Whether you reviewed the petition with your attorney before you signed it?
  • Whether the petition accurately reflects all of your assets and liabilities?
  • Whether you’re employed?
  • Whether you’ve ever owned or transferred any real estate?
  • Whether you own a car?
  • Whether anyone owes you money?
  • Whether you expect to be receiving an inheritance within the next 6 months?
  • Whether you’re a plaintiff in any personal injury cases?
  • Whether you have any claims for personal injuries or damages?
  • Whether you own any stocks?
  • Whether you have any bank accounts?
  • Whether you own stock in any privately held businesses?
  • Whether you previously filed for bankruptcy?
  • Whether you transferred any assets to any family members or friends in the past 4 years?
WILL THE BANKRUPTCY JUDGE ATTEND MY CREDITORS’ MEETING [1]

 No. The bankruptcy trustee is the person who is responsible for investigating your assets and liabilities.  The bankruptcy judge only gets involved if formal proceedings are filed by you, the bankruptcy trustee, or any of your creditors.

WHAT HAPPENS AFTER THE CREDITORS’ MEETING? [1]

The initial creditors’ meeting notice specifies the deadlines for any creditors to object to your bankruptcy. Creditors have 60 days from the date of the creditors’ meeting in which to file certain objections. All you can do is wait for 60 days to expire. If no objections are filed within that time, then the court will issue a discharge order and your case is completed.

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Bankruptcy is a complex area of practice, requiring knowledge of both federal and state law.  There are significant deadlines mandated by the Federal Rules and Local Rules, which if missed can bar certain rights and relief.  Our New Jersey bankruptcy attorneys have more than 20 years experience representing both debtors and creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy proceedings in all 3 federal court districts in Newark [7], Trenton [8], and Camden [9].

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