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.
Short Answer: Approx 90 days Detailed Answer: Once you file Chapter 7 Bankruptcy, you will receive a notice to attend a 341 Creditors Meeting which is scheduled approx 30 days after you file. If there has been no issues with your Chapter 7 case and no requests from the Trustee for further documentation you will receive, in approx 60 days after your 341 creditors meeting, a "Notice of Discharge" from the Bankruptcy court.
You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.
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.
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.
341 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.
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.
AnswerPrior to actually filing for bankruptcy, the amount of time to prepare the paperwork will vary dependingg on the complexity of your case. Once you have filed a Chapter 7, you will probably receive your discharge in about 3.5 to 4 months. After you file, you will attend a meeting of creditors in about 4-6 weeks where you will answer questions by the bankruptcy trustee and possibly creditors. You are eligible to receive a dishcharge 60 days after the conclusion of the meeting of creditors unless one of your creditors files legal action to try to prevent you from receiving a discharge. By day 62 or 63, the bankrupty court should mail you a copy of the discharge order in the mailUsually when filing bankruptcy takes time to process.It is long proces when filign bankruptcy. Once you filed bankruptcy already then you should wait normally 8 to 10 years before you can file again.
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
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.
Your attorney is suppose to send a letter to the creditors asking if they would like to included on a the bankruptcy payment plan. The creditors have 30 days to respond. If they don't respond, then you don't owe them anything. Most likely they will charge it off as bad credit to the credit agencies.
If you have unpaid wages, then you need to attend the meeting of creditors as stipulated by the trustee.
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.
The U.S. Trustee has ten days to object to your discharge on a Chapter 7. Creditors have sixty days to object. Then you should be discharged.
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.
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.
You should have no problems filing an amendment to add the creditor.
The creditor does not waive the lien on your auto simply because they did not appear at the 341 meeting of creditors. It is your responsibility to reaffirm (new contract) or surrender the auto. There are situations that may exist where you can avoid their lien if the liened property is not properly perfected. Bankruptcy is not black & white. It is strongly advised that you seek counsel.
Chapter 7: about six months from filing to closing. The first meeting of creditors ("341 meeting") is about a month after filing, then 45 days to take the financial management class and file the certificate. Discharge shortly after. Chapter 13: anywhere from a month to five years (60 months). Both timelines assume no problems that extend the time needed to complete.
YOU are responsible for everything you own, and even more so since you filed BK and swore under oath to the court you would do so, until someone else takes legal and offical ownership and possession.
No, this is considered a post-petition debt. It would not be covered by the bankruptcy, you would legally owe this debt. Bankruptcy only covers charges up to the filing date. Not the meeting date,not the discharge date and not the closing date.
It generally takes 3-4 months after your meeting of creditors to receive your discharge. The discharge is the court order that says that all of the debts that you have listed in your Chapter 7 are discharged, that you are no longer legally responsible for them and that you are entitled to a fresh start.
As long as there is a balance on an account, it should be included in a Chapter 7 filing. One of the first things a bankruptcy trustee will ask at the meeting of creditors is whether you have included all of your debts & assets in your schedules. Even if thee is no balance, which one would expect with a closed account...it does not hurt - and can only help - by including info about it on your schedules. Info on any and all financial things only assures that the bankruptcy protects you from anything to do with them, known or unknown to you, now or in the future.
All creditors are notified and you are required to attend a 341 meeting of creditors prior to your plan being approved. Most creditors, especially the unsecured ones, do not bother to attend. Those that do attend must restrict their questions to your financial situation. Many trustees are now requiring Payroll deduction of payments into the plan if filing Chapter 13, so it is possible a Payroll accountant at your business will become aware of the filing.