What is the first creditors meeting? 5 Answers as of July 30, 2010

What is the first creditors meeting? Who is required to attend it?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
David Nelson
David Nelson | David Nelson
If you filed a bankruptcy you are required to attend it.

If you hire me, I require myself to go to your hearing with you. Many other attorneys won't even go to your hearing with you. You hired one guy, and he sends in Joe Schmo who doesn't know you or care about you a bit. I'll drive to Santa Ana from my office in Riverside County if you hire me. But there are a ton of attorneys who you can hire in Orange County who still won't even go to a hearing for you in Santa Ana.

If you file in Los Angeles, or San Diego, I'll still be there for your hearing unless there's a major conflict. On the other hand, if you go to a large firm who overcharges you by a thousand dollars, I would bet that a late lunch or a golf game would be a major conflict. And how do I know that, because I never see those jokers at their clients' hearings. And what do they do, they send in a sub. I remember at one hearing in Los Angeles, the attorney had charged his clients $3500 and they were just average Joe and Jane and he didn't even send in a sub. The trustee was so mad that she turned in the attorney to the bar and asked the US Trustee's main office to make him reimburse his clients.

And how much is a thousand dollars over charged, if you're a Joe lunch bucket kind of guy who isn't self employed and doesn't make a lot more than about the median income for a family of your size, then you should expect to pay in the range of about $1500 for your bankruptcy plus the $300 filing fee. If you're that guy and your attorney is charging you $2500 then he's charging you a lot more than you should be paying.

If you're self employed or if you make substantial money then the fees for a chapter 7 or straight bankruptcy shouldn't be more than about $1000 over that. And if that is you, self employed or making good money, the attorneys who over charge are still not going to show up to your hearing.

I've been doing this for 15 years and I'm damn good at it and I walk the same walk that I preach. I don't spend on crap, I don't buy things to impress people who don't care, my car is paid for, my wife's car is paid for and my house payment is reasonable and I have a savings. If your bankruptcy attorney has a $900/mo Mercedes payment, trust me, your attorney's fees will reflect it.

Have I ever missed, of course, I have had a flat tire, been sick, had hearings in a different court, nursed a sick child or gone on vacation. But some of these guys never show up and it's because they're too busy telling someone else that they will and collecting a thousand dollars too much from that new client while lying to that client about going to that guy's hearing while at the same time not attending yours.
Answer Applies to: California
Replied: 7/30/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
One month after you file bankruptcy you meet with a trustee to determine if you have assets. Creditors seldom come. Contact me for more information.
Answer Applies to: Florida
Replied: 7/30/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
This is a fact-finding meeting. The trustee and the creditors will ask you questions, under oath, about your petition to ensure you have fairly and honestly stated your assets, debts, and income. The debtor must attend the meeting or your petition can be dismissed. An attorney can assist you in correctly filing the application and appear with you at the "341" meeting of the creditors.
Answer Applies to: California
Replied: 7/29/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The first creditors meeting is the first time that the court will review your case.
Answer Applies to: California
Replied: 7/29/2010
Fasel, Fasel, & Nefulda, LLP
Fasel, Fasel, & Nefulda, LLP | Thomas Fasel
About 30 days after you file, you will be required to attend the creditors' meeting. This event is held in the hearing room of the federal building, but not the bankruptcy court itself. A bankruptcy trustee conducts the meeting. The primary purpose of the creditors' meeting is to have you affirm under oath that the papers you filed were honest, complete, and accurate to the best of your ability. The trustee may also question you about the property listed in your paperwork, among other things. Creditors rarely appear, and the bankruptcy trustee is typically the only one asking the questions.

If you would like to discuss further, please contact me
Answer Applies to: California
Replied: 7/29/2010
Click to View More Answers: