Can you Skip the Meeting of Creditors?
Posted on Aug 22, 2013 9:59am PDT
If you are filing for bankruptcy, part of the process will involve a meeting of creditors. This is a meeting where all the individuals that you owe money to can attend and contest the bankruptcy if they find it necessary to do so. They will also learn how you plan to pay back your debts and get more details about how your bankruptcy filing will affect their financial investments. This meeting is mandatory. It is also called the 341 hearing in some states or jurisdictions.
Essentially, the meeting of creditors is an important hearing that gives a trustee and creditors a chance to ask you any questions that they might have while you are under oath. You may need to explain details on your bankruptcy paperwork or your financial affairs. After the hearing has closed, your trustee will verify all the information that was disclosed in your bankruptcy petition and will go through any additional information that needs to be covered, Creditors can also ask you about the nature of and location of your assets if this is needed.
You may be thinking about skipping this routine meeting, but this is not an option for bankruptcy filers. All bankruptcy filers must attend the meeting at its regularly scheduled time. If you don't appear at your meeting, the trustee generally has the right to dismiss your case and your debts will not be discharged. Only under very specific circumstances can you meeting be rescheduled. For example, if there is a medical or family emergency, a medical treatment that must be performed immediately, or another compelling circumstance that is an emergency, then you may be able to reschedule the meeting.
You will still need to attend, but the time of the meeting can be adjusted for these circumstances. You cannot reschedule a meeting for a minor issue or a conflict of interests. For example, if you have a work conflict, a routine medical visit, or personal or business travel, you will still be required to attend the hearing. The courts typically won't accommodate you if you moved to a different city or state after filing or if you failed to properly calendar the hearing date and missed it. In these circumstances, you will probably have to start the bankruptcy process over again after your case is dismissed because of your absence.
In some specific circumstances the courts may permit you to attend the meeting via telephone. Once again, this is not an option for just anyone. Those that have a medical condition that prevent them from appearing in person, or people who were called into active military duty may be able to attend the meeting by phone. Also, if the filer is incarcerated or has another compelling reason that he or she cannot be bodily present at the hearing, then a phone meeting may suffice.
The only reason that a filer can be excused from the meeting of creditors is due to death or complete mental and physical mental incapacity. If the court does choose to excuse your meeting you will still need to send an authorized representative to attend the meeting on your behalf. If you worry that there will be a conflict with your scheduled meeting of creditors, you need to talk to the attorneys about this issue right away. It is essential that you notify the parties involved in your bankruptcy so that you can work through this issue promptly. You want to make sure to have a reliable bankruptcy lawyer on your side throughout the process. Hire a local lawyer today using this directory to locate a reliable assistant nearest you!