The first court appearance is for a hearing called the "meeting of creditor." This hearing usually takes place about a month after the case is filed. At this hearing the debtor is put under oath and questioned about his or her debts and assets by the hearing officer or trustee. In most chapter 7 consumer cases no creditors appear in court; but any creditor that does appear is usually allowed to question the debtor.

Most debtors have to appear in court at least twice: once for a hearing called the meeting of creditors, and once for a hearing on the confirmation of the debtor's chapter 13 plan. The meeting of creditors is usually held about a month after the case is filed. The confirmation hearing may be held on the same day as the meeting of creditors or at a later date The debtor's testimony should not be lengthy at either hearing, however. See similar questions...

A discharge will be denied in a later chapter 7 case if the debtor has been granted a discharge under chapter 7 or chapter 11 in a case filed within six years before the second petition is filed. See similar questions...

The debtor should immediately notify the bankruptcy court in writing of the new address. Because most communications between a debtor and the bankruptcy court are by mail, it is important that the bankruptcy court always have the debtor's current address. Otherwise, the debtor may fail to receive important notices and the chapter 7 case may be dismissed. Many courts have change-of-address forms for debtors to use when they move, and the debtor should obtain one if a move is planned. See similar questions...

A debtor may retain and redeem certain secured personal and household property, such as household furniture, appliances and goods, wearing apparel, and tools of trade, without payment to the secured creditor, if the property is exempt and if the mortgage or lien against the property was not incurred for the purpose of financing the purchase of the property. See similar questions...

The debtor's attorney performs the following functions in the chapter 7 case of a typical consumer debtor.. Analyze the amount and nature of the debts owed by the debtor and determine the best remedy for the debtor's financial problems. See similar questions...

Each case is different. First, there must have been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors. See similar questions...

wishes to repay all or most of his or her unsecured debts and has the income with which to do so within a reasonable time, has valuable nonexempt property or has valuable exempt property securing debts, either of which would be lost in a chapter 7 case, has one or more substantial debts that are dischargeable under chapter 13 but not under chapter 7, or has sufficient assets with which to repay most debts, but needs temporary relief from creditors in order to do so. See similar questions...

Under certain circumstances a debtor may be able to modify a secured debt such as a vehicle or mobile home. The debtor may have the need for bankruptcy relief for future bills and wants to hold open the possibility for conversion or refilling [e.g. anticipated medical bills]. See similar questions...

PACER (Public Access To Court Electronic Records) A web-based format that allows anyone with internet access and a PACER login from the court to access official court records via the internet at https://ecf.wiwb.uscourts.gov See similar questions...

A couple of weeks after you file for bankruptcy, you will receive a notice from the bankruptcy court to attend a meeting of creditors. This meeting is scheduled under Section 341a of the bankruptcy code. The bankruptcy court will also notify the creditors you listed in your bankruptcy papers. A trustee runs the meeting and, after swearing you in, may ask you questions about your bankruptcy and the documents you filed. The questioning by the trustee usually only lasts for a few minutes. See similar questions...

The basic difference between chapter 7 and chapter 13 is that under chapter 7 the debtor's nonexempt property (if any exists) is liquidated to pay as much as possible of the debtor's debts, while in most chapter 13 cases a portion of the debtor's future income is used to pay as much of the debtor's debts as is feasible considering the debtor's circumstances. See similar questions...

In the office of the clerk of the bankruptcy court in the district where the debtor has resided or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a federal court and is a unit of the United States district court. Yes. A husband and wife may file a joint petition under chapter 7. if a joint petition is filed, only one set of bankruptcy forms is needed and only one filing fee is charged. See similar questions...

Bankruptcy is a procedure brought in federal court. About 6 months after your case is filed, the bankruptcy court in the area where you reside will issue an Order declaring all your unsecured debts discharged. That means your unsecured creditors which you had before you filed bankruptcy will then forever be barred from contacting you ever again to collect on a debt. See similar questions...

All debtors are generally required to appear at a meeting of creditors (also known as a 341 meeting) 20-40 days after their petition is filed. At the meeting a court appointed trustee will question the debtor in order to determine if the debtor was truthful on his petition and schedules. In chapter 7 cases the trustee will also be attempting to determine if liquidation of the debtor’s assets is appropriate among other things. See similar questions...

There is no single answer to this question. Each case is unique and the length of time before you receive a dividend depends on the circumstances of the individual case. After the deadline for filing claims has expired, you should contact the case trustee and inquire as to the time frame for distribution of claim payments to creditors. See similar questions...

The debtor has falsified his schedules or otherwise perjured himself in connection with the bankruptcy case. The debtor transferred away assets with the intent to delay or hinder a creditor or bankruptcy trustee. See similar questions...

A chapter 7 bankruptcy is commenced by filing a petition and 30 or more pages of additional paperwork detailing your financial situation. Immediately upon filing, your creditors are prohibited from bothering you or attempting to collect on the debts. A trustee is appointed by the court to review your filing and to recommend to the court that your debts be discharged, that is, wiped out. About 4 to 5 weeks after filing, you have to appear for a trustee meeting which is mostly a formality. See similar questions...