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How long after you file a chapter 7 are you supposed to turn over property or do you wait for the meeting of the creditors so the court can tell you?
Wiki User
∙ 8y ago
In the case of a home, it will be sold at Sheriff sale on its own. (or the Trustee may sell it)
In the case of any other property, the Trustee must abandon the property, then the Creditor will contact you (or your attorney if you have one) to arrange to get the item.
If its a car, or some other type of personal property, you can sometimes accellerate the process by calling the creditor's attorney. (Or the creditor if they don't have one)
Ask the Trustee at your 341 hearing (meeting of the creditors) what he/she thinks. They may abandon it right there.
Wiki User
∙ 8y ago
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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 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.
Funds or property that have value in meeting debts are called?
Funds or property that have value in meeting debts are called collateral. A+ answer- assets
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.
What do you do if you receive an inheritance shortly before your Chapter 7 meeting with the creditors?
Any money you inherit prior to a bankruptcy being discharged would have to be revealed to the judge and trustee assigned. These newly acquired assets would be factored into your financial picture and may be captured in whole or part to pay your creditors. It is possible that a sizable inheritance would cause your bankruptcy petition to be "thrown out". Consult with a competent attorney to learn the exact implications in your case and state.
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 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.
Is a Chapter 7 bankruptcy considered final after the meeting of the creditors has been held?
It's final after the BK has actually been discharged.
Do you get to keep to keep your property if you file bankruptcy?
You get to keep any property that you can exempt, which may depend on state laws. Some states let you choose between the federal exemptions or the state exemptions. Any property worth more than the exemption has to be redeemed (the trustee is paid the difference between the value of the property and the exemption) or given to the trustee. (Technically, the trustee owns everything in a chapter 7 until the 341 meeting or the first meeting of creditors.)
What happens at the meeting of creditors?
At the 341 Meeting of Creditors you appear before a trustee who will examine you. At the hearing your are sworn under oath and the trustee will ask you a serious of questions about the documents and schedules that are filed with court. The trustee is a person who is assigned to your case by the court and who is in charge of administrating the case. Most of the questions that are asked by the trustee are pretty routine. Some of the more common questions that are asked are:Did you read the schedules and petition before signing themIs everything in the documents accurate?Did you list all of your assets?Did you list all of your creditors?Have to transferred or sold any property in the last 2 years?Do you owe any domestic support obligations?The questioning is pretty quick for most people. This is a good resource that describes a bit more about the Meeting of Creditors: http://hubpages.com/hub/Meeting-with-Creditors
Can you move after you file chapter 13 and after meeting of creditors?
Yes. You must notify the trustee, the court and all creditors/attorneys for the change of address. You may want to have the case transferred to your new jurisdiction as well. You should have a lawyer do the paperwork to avoid problems.
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.
Can you bring a baby to the meeting of creditors if you have to?
If you have no one to take the baby while you are at the meeting then yes you can.
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.
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.
How do you postpone meeting of the creditors?
If you will not appear at your 341 Meeting of Creditors then you should try to contact the trustee to inform them that you cannot appear. Most trustees will reschedule the 341 meeting of creditors if you cannot attend for a serious reason. If you have your attorney, then the attorney can appear on your behave at the hearing date and also request that the matter be continued.
What is the initial bankruptcy hearing called?
341 MEETING OF CREDITORS
