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TRUSTEE MEETING AFTER FILING THE PETITION
Notice of Meeting of Creditors
When a bankruptcy petition is filed, the court will order a meeting of creditors, setting filing dates for claims, objections to discharge complaints, and exception to discharge complaints, and send a copy to all creditors, to debtor and his/her attorney. This is commonly referred to as the “341 Notice.” You should receive this Notice from the bankruptcy court approximately ten (10) days after your petition is filed.
Description of Trustee
The “Bankrupt Estate” consists of all legal and equitable interests a debtor has in property as of the date the case is filed. In Chapter 7 one primary job of the Trustee is to collect all of the debtor’s non-exempt assets, sell those assets, and distribute the proceeds among all debtor’s unsecured creditors. A Trustee is randomly appointed by the Court upon the filing of a Chapter 7 petition.
Meeting with Trustee
In the Northern District Court - Gainesville, the meeting with your Chapter 7 trustee. Within 20 to 40 days after you file your papers, you'll have a meeting with the bankruptcy court trustee. During this meeting the trustee can ask you questions about the information you put on your forms. Creditors can ask questions and object to or challenge the applicability of exemptions you are claiming. Your bankruptcy attorney can tell you what questions to anticipate.
What Happens at the Creditors Meeting
The Chapter 7 Bankruptcy Trustee will ask you why you filed bankruptcy. The trustee often asks questions about your assets and your sources of income.
Tax Returns
The new bankruptcy law gives the Chapter 7 Trustee (or the Judge) the right to verify information about your income by reviewing copies of your income tax returns. Upon request of the court, the Chapter 7 Trustee may request that you file a copy of your federal tax return for the three years prior to the filing of the petition. As a practical matter, you should file with your bankruptcy petition a copy of your last two federal tax returns filed with the IRS. Income tax refunds are property of the bankruptcy estate and will be paid to the Chapter 7 trustee.
Contact a Chapter 7 Bankruptcy Attorney at Dominguez & Associates, P.A.
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