Bankruptcy Errors to Avoid - Part 2- First Meeting of Creditors
Everyone who files a bankruptcy, Chapter 7, Chapter 11, Chapter 13 - consumer or business must attend a First Meeting of Creditors (341 Meeting). Although it is called a First Meeting of Creditors in most consumer filings rarely does a creditor make an appearance. What actually happens is the client, with his/her attorney appear and answer questions to the appropriate Trustee ( Chapter 7, 11, or 13) under oath. In El Paso, Texas both the Chapter 7 Trustee and the Chapter 13 Trustee set six(6) cases an hour which basically means that a debtor has approximately 6-7 minutes to answer questions. In consumer cases these meetings are brief and fairly routine.
These Meetings are held during the week, so often a person has to take time off from work, which may result in a loss of income and depending on where one lives in El Paso a significant drive (gas). In short, a First Meeting of Creditors can be disruptive to a person’s routine. What's more disruptive than attending a First Meeting of Creditors is to have to attend a second First Meeting of Creditors. During every Chapter 7 First Meeting of Creditors docket and every Chapter 13 First Meeting of Creditors docket there is at least one client who is told by the Trustee that he cannot go forward with the Meeting and the Meeting will have to be rescheduled for a later date. Why? A debtor failed to bring required documents with them and as a result the Trustee is prohibited from moving forward with the Meeting.
Missing documents that require a client and their attorney to make a second trip:
- You must bring a government issued picture identification card, and it must be the original. Usually it's a driver’s license. Other forms of picture identification include a passport or a military identification card;
- You must bring your social security card, and again it must be the original. If a debtor has lost their card it is a simply process to go by a Social Security Office and apply for one. You will receive an official letter from the Social Security Office that one has been requested and this letter will be sufficient to satisfy the requirements.
- In a Chapter 13 case, you must bring your most recent pay stub.
Consumer debtors are under a great deal of anxiety because of fear of the unknown and unnecessarily embarrassed as well. It's easy to forget the required documents. Write yourself a note, put it in your To Do List, anything that will remind you to take these few documents so you can avoid having to make a second appearance at the First Meeting of Creditors.