If Someone Is Filing With Their Spouse, Do They Both Have To Attend The Meeting?
Yes. Any debtor that files a petition in bankruptcy court will need to appear at the Meeting of Creditors to be examined under oath. If you file a joint petition with a spouse, then you both need to appear and you both need to testify.
Does Someone Have To Have Completed All Mandatory Classes Or Courses Before The Meeting?
No. In order for someone to file their case, they have to complete the initial credit counseling class. The credit management class has to be completed within 45 days of the Creditors Meeting. If the Creditors Meeting is today, then they have 45 days from today in order to complete that credit management class. If they do not complete that credit management class, then their case can be closed without a discharge being granted in their favor.
What Do People Need To Know About This Meeting? Is It Something To Be Afraid Of?
Quite honestly, the Meeting of Creditors is quite simple and there is generally nothing to be afraid of. If the debtor has properly prepared their case; they have told the truth; and they have supplied the trustee with all the required information that the trustee requires prior to the hearing, then generally speaking the hearing goes nice and smooth with very little drama.
Anytime that somebody is going to have to testify under oath, by nature they are going to be nervous. People think the worst thing is going to happen to them like they are not going to get their discharge, the trustee is going to yell at them or the creditors are going to beat them up. Generally speaking, none of that ever happens.
If you want to know more about the Prerequisites regarding the 341 Meeting of Creditors, call the law firm of Steven F. Bliss at (858) 278-2800 or (951) 223-7000 now for a FREE Initial Consultation and get the information and legal answers you are seeking.