If you have already filed your bankruptcy case, then the next step in the process is to attend your section 341 meeting of creditors. Your lawyer usually attends the meetings with their clients and are available to answer any questions on behalf of the client prior to the meeting. The meeting, is called the meeting of creditors, however it is rare for any creditors to actually show up. Usually it will just be the debtor, their attorney and a trustee present to ask the debtor of few basic questions regarding the debtors bankruptcy petition and any assets which may be valued over the available bankruptcy exemption limits.
A debtor should always give their best effort and try and make your bankruptcy 341 meeting of creditors to avoid any complications. Meetings of creditors are scheduled about 30 days after first filing for bankruptcy so there is plenty of time to plan ahead. Rescheduling the meeting of creditors can cause a debtor to incur additional attorney fees, inconvenience the other parties involved, disrupt your lawyer’s schedule, and, worst of all, show people with how little the bankruptcy case might really mean to the debtor. When a bankruptcy case is filed, notice of the meeting of creditors is sent out automatically by the bankruptcy court, however if a meeting is voluntarily rescheduled then additional court notices must manually be served on the trustee and other parties in the case by the debtors attorney. Thus these parties are unnecessarily reminded of the case’s existence and if they have been unsure about whether they should file objections to the case, a rescheduling of the creditors meeting might be what they needed to help them decide to go ahead and object.
With that said, a debtor may have a real emergency which may consist a serious illness or other circumstance making it impossible to attend, rescheduling the creditors meeting would normally be necessary. It is a simple matter for your bankruptcy lawyer to contact the trustee, inform him or her of the problem, obtain a new date for the meeting, and send out a notice of the rescheduling to the creditors and other parties in interest. This causes an inconvenience and is annoying, but it may be necessary in some cases. If you don’t have a good reason for not attending your meeting, your attorney will probably not be too accommodating or will charge you additional fees for the inconvenience.
If you have additional questions regarding attending your bankruptcy meeting of creditors, give Symmes Law Group a call at 206-682-7975