What Happens and Who Attends A Chapter 13 Meeting Of Creditors?

Posted by Wesley Scott on December 19, 2018 at 5:04 PM
Wesley Scott

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

In attendance at this meeting are usually the Chapter 13 trustee, or a representative of the trustee, debtor(s), and debtor’s counsel. In the vast majority of Chapter 13 cases, creditors do not appear. However, creditors do occasionally appear, and sometimes with creditor’s counsel.

The majority of Chapter 13 Bankruptcy hearings last anywhere from 10-15 minutes before it concludes. Debtor(s) are put under oath and affirm to tell the truth. It is rare to have a second meeting of creditors in a Chapter 13 Bankruptcy case, but it could happen in a complex case. While the Chapter 13 trustee will want debtor’s to affirm that the information on the schedules is true and correct and complete, trustee will focus on debtor’s income and expenses which is the heart and soul of a Chapter 13 Bankruptcy case.

Debtor will provide evidence of their pay in advance of the meeting so trustee can calculate whether debtor’s schedules are correct. Trustee will also inquire of debtor’s expenses and determine whether debtor’s expenses are “reasonable and necessary” for their family.

 

Topics: 341 Meeting of Creditors, Chapter 13 Bankruptcy