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Is a Chapter 7 bankruptcy considered final after the meeting of the creditors has been held?
Wiki User
∙ 8y ago
It's final after the BK has actually been discharged.
Wiki User
∙ 8y ago
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What happens at chapter 13 creditors' meeting?
Chapter 13 bankruptcy is different than chapter 7 in that you will essentially be reorganizing your debt and coming up with a payment plan. The creditors meeting involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
What happens if you miss your meeting of creditors in a California Chapter 7 bankruptcy?
You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.
Is the nonfiling codebtor invited to attend the creditor meeting in a Chapter 7 case?
Codebtors must be listed in the bankruptcy, and put in the list of creditors if you want the codebtor to receive notices. No one is "invited" to the creditors' meeting, but notices are mailed to all the creditors, which/who may attend if they wish.
What is the initial bankruptcy hearing called?
341 MEETING OF CREDITORS
How long does chap 7 bankruptcy last?
A Chapter 7 bankruptcy case typically lasts between three and four months. Once the case is filed, there is a meeting of creditors (known as the 341 meeting) approximately 30-40 days after the case is filed. After the meeting, creditors have approximately 60 days to file objections or adversarial complaints to the debtor's discharge. Once that time frame has expired, the Clerk of the US Bankruptcy Court will send the Discharge Order to all creditors, to the debtor and to the debtor's attorney.
Can should your spouse get a job after filing bankruptcy chapter 7 but before the meeting of creditors?
You can switch jobs at any time during bankruptcy. The tax returns for the previous year are usually used when figuring income in bankruptcy. It is doubtful the new income would be a factor.
Can the bankruptcy court take your tax refund for 2004 if bankruptcy was filed in Dec 2004 if this was not discussed at the Creditors Meeting?
I think it depends on when your debts are discharged. If they were already discharged, it was a Chapter 7 bankruptcy, and it wasn't discussed at the creditors meeting, then the refund is yours. Besides, imagine if you filed on April 15th. You might not get your refund until later June or almost July, and that's months from when your debts were discharged. I'm pretty sure it's yours.
Can creditors object to a bankruptcy filing or plan?
Yes. Each type of bankruptcy allows creditors to object to specific debts included in the plan or the manner in which the plan addresses the repayment or discharge. In Chapter 7 Bankruptcy, creditors generally have 60 days after the first creditors meeting to object to the discharge of a specific debt. If no objections are filed, the court will issue the discharge order and the trustee will proceed to collect and sell the assets, then distribute the proceeds to the creditors under a predetermined system. If there are objections, the bankruptcy itself, less the objected debts, continues through to discharge. It may be necessary to have a trial before a judge to resolve the items that creditors objected to. In a Chapter 13 case, creditors are given an opportunity to object to the plan for repayment. If there are no objections filed by creditors or the trustee, the plan may be confirmed as filed. After the plan is confirmed, the trustee will distribute the payments from the debtor to creditors until the
Bankruptcy 341 hearing?
341 is the section of the bankruptcy code that provides for a meeting of creditors. Though creditors is the name of the meeting, it is rare creditors show for the meeting. Really what this meeting is a meeting with the bankruptcy trustee assigned to your case. The trustee reviews your papers and would liquidate any property that is not exempt. Typically, most people don't have any non-exempt assets and the case is a no asset case. The trustee at the 341 meeting asks questions to see if the debtor has any assets he would be interested in, that the debtor is telling the truth and the papers are done correctly. The trustee, if satisfied, will file a report with the judge who then signs off on the debtor's bankruptcy discharge.
If your corporation file bankruptcy how will it aafect you personally?
If you have unpaid wages, then you need to attend the meeting of creditors as stipulated by the trustee.
How long after meeting with creditors do you know if you can declare bankruptcy?
That meeting, the 341 meeting...is normally sometime after you have filed BK. They don't decide if you can declare BK, obviously because they would always say NO.
Will the bankruptcy trustee take all of your tax return refund?
I think it depends on when the bankruptcy is discharged, but it would be discussed at your meeting with the creditors and the trustee. If it wasn't discussed, then the refund is yours.
