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Showing posts with label bankruptcy trustees. Show all posts
Showing posts with label bankruptcy trustees. Show all posts

Tuesday, September 27, 2011

Meeting Of Creditors: What Can Go Wrong


So you filed your bankruptcy case and you're preparing for your meeting of creditors. For most debtors the meeting of creditors is the most important (and likely the only) meeting they will have during their bankruptcy case. Ironically, most creditors don't show up for this meeting, the meeting is mostly the bankruptcy trustee's examination of the debtor. During this meeting the bankruptcy trustee confirms the information in the petition and tries to ascertain what assets/liabilities the debtor may have that weren't included in the initial bankruptcy petition. While the meeting of creditors usually goes on for a few minutes with no problem, there are a few things that can go long, let's take a look at a few:
Lack Of Identification
The bankruptcy debtor is required to present sufficient identification at the meeting of creditors. The trustee will require a photo id and proof of the debtor's social security number. Typically, the bankruptcy debtor can use a driver's license and a social security card as proof of ID. However, if this is not available, they can present a state-issued photo ID, passport, pay stub or any correspondence from the Social Security Administration and/or a current W-2.
If a debtor fails to present sufficient ID, the bankruptcy trustee can refuse to see them at the meeting of creditors. But typically, the trustee will see the debtor despite the lack of ID and ask that the they present ID later.
Fake Social Security Number
Some debtors without legal documents and using fake social security numbers could face problems at their meeting of creditors. When the bankruptcy trustee discovers that the social security number is fake or belongs to another person, the debtor will probably be turned away and could face legal consequences. If you don't have a social security number, you can discuss this issue with your bankruptcy attorney before you file. You do not need to be a citizen to file bankruptcy. However, you do need to present proper identification and possibly a taxpayer ID number.
Failure To Include Some Creditors
Some debtors arrive at the meeting of creditors and realize that they have inadvertently omitted some creditors. If this is the case, immediately tell your bankruptcy attorney. Do not withhold this information. Once the bankruptcy attorney knows that creditors were omitted they can inform the trustee and inform them that they plan to amend the bankruptcy schedules. The same rule applies to assets. If you forgot to include an asset or income, or if your income and assets have changed since you filed bankruptcy, let your bankruptcy attorney know. The trustee will give the attorney an opportunity to amend the schedules so that they are accurate.