Friday, August 19, 2011

What to Expect at the Meeting of Creditors

The Meeting of Creditors (MOC) in a Chapter 7 case is held between 20 and 40 days from the filing date of the bankruptcy petition, and is presided over by the Chapter 7 Trustee who was assigned at the time of filing. In San Diego, the MOC is held in a meeting room in an office building rather than in a courtroom, and so is less formal and therefore less stressful than a court proceeding. Before the MOC, the Trustee will have reviewed the papers that were filed and the supporting documents the debtor has provided.

If all required information and documentation has been provided and everything is in order, the meeting will last only a few minutes. Just before the meeting begins you must read an information sheet and complete a questionnaire. Once the meeting starts you will be sworn in and the Trustee will check your identification and social security number, then ask: if you understand you’re testifying under penalty of perjury; if you’ve ever filed a bankruptcy case before; if you gave to your attorney the information in the papers filed with the bankruptcy court; if you disclosed all your assets and liabilities in those papers; if there are any errors or omissions in the papers to call to the Trustee’s attention; and if anything has changed since the filing. Finally, the Trustee will ask those in attendance whether there are any creditors present, but creditors typically do not attend these meetings, and at this point you are excused.

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