QUESTION
What can I do if the creditors did not show up to the meeting?
Asked on May 17th, 2012 on Bankruptcy - Florida
More details to this question:
I filed for bk chapter 7 march 15th 2012. meeting of creditors took place april 18th. no creditor showed up. May 14th one of creditors filed a motion to extend deadline to object to debtor discharge or challenge discharbebility of certain debts. what is the process after this? what are we suppossed to do?
13 ANSWERS
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Virtually no creditors show up at ? 341 hearings. It is a good place to ambush a debtor with questions. Most creditors who are serious about objecting to discharge will schedule an examination pursuant to Bankruptcy Rule 2004. Seeking an extension of time to object to discharge will keep the period open. Your attorney should object to the extension. Sometimes such an objection is successful, sometimes it is not. At this point, there is nothing else that you can do except make absolutely sure that everything on your schedules is correct and you are not missing anything. If so, they need to be amended, now, before anyone discovers the error. Bankruptcy schedules are arcane and confusing. It is easy to miss something because the question is not asked clearly. For instance, any unliquidated owing to the debtor can be a tax refund, a personal injury claim, or something else. If you do not know what is being asked, it is difficult to give a correct answer.
Answered on Jun 18th, 2012 at 6:09 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If you have no defense & the debt is not dischargeable, try to settle with the creditor if it achieves an extension & proceeds with an adversary against you (or before the adversary is filed, if possible).
Answered on May 23rd, 2012 at 7:10 PM
Nothing. Just wait and see is the approach. Creditors rarely appear.
Answered on May 22nd, 2012 at 7:12 PM
Daniel James Wilson
Creditors never come to Meeting of Creditors. You need a lawyer to deal with objection to discharge.
Answered on May 22nd, 2012 at 6:48 PM
Clearly you do not have an attorney or you would know that 99% of the time creditors do not show up at the creditors meeting. As far as what you should do now, you have no choice but to wait and hope that nothing else happens in your bankruptcy. It is out of your hands. All you must do is comply with the trustee.
Answered on May 21st, 2012 at 5:48 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
There are deadlines set for filing of objections to discharge when the bankruptcy notice goes to creditors. Your attorney should be able to respond to the motion and attempt to get the court to deny the request for extension.
Answered on May 21st, 2012 at 4:33 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You could file an objection to the motion to extend time, especially if the creditor took no efforts to gather information from you to support their claim.
Answered on May 21st, 2012 at 4:28 PM
Contact your attorney. A creditor can file an Objection and/or Motion after the first meeting has been held. You need to file a timely Answer to the Motion/Complaint, it will be set for hearing.
Answered on May 19th, 2012 at 1:39 AM
Dance a jig. They don't have to show up and they almost never do. Fewer creditors means a shorter meeting. It is called a "meeting of creditors" mainly for historical reasons. You need to show up, though, and you need to bring your picture ID (like a passport or driver's license or military ID) and your social security card.
Answered on May 18th, 2012 at 3:27 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It is very rare, at least in Arizona, for creditors to appear at a consumer 341 hearing. But, the creditor does have the right to file an objection to the discharge of your debt. It is very important that you deal with this adversary if it is filed.
Answered on May 18th, 2012 at 3:12 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You don't have to do anything. After the extended deadline (if granted) has passed and there are no legitimate objections, the court will likely grant you a discharge in the case.
Answered on May 18th, 2012 at 2:32 PM
You need to discuss this with your bankruptcy attorney. Most motions are granted by the bankruptcy court, if you file now response. On the other hand, an extension of the deadline to file makes no difference if no actual challenge to dischargeability is filed.
Answered on May 18th, 2012 at 2:31 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Most creditors do not show up to the meeting of creditors. Indeed, it is rare that they do. The process for the creditor is to file an adversarial proceeding against you. You will need an attorney to represent you in that. Who is the creditor, what did the motion say.
Answered on May 18th, 2012 at 2:19 PM