As a creditor what can I expect at a chapter 13 hearing. Thank you in advance

Asked 11 months ago - Deerfield, IL

My wife and I rented a house to a single mother of two. After two years of excuses and promises we had to evict her. She was given a tiny payment plan (35.00) a month. She was given a judgement for 9500.00 dollars. It has been close to three years with very little payment she has filed chapter 13. What can we expect at the creditor meeting? Thank you again for any information

Attorney answers (5)

  1. Ray Choudhry

    Contributor Level 14

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    Answered . Not much.
    All the work is done beforehand.
    What you need to do is prepare and file a proof of claim with the bankruptcy court.
    Only people who file claims in a timely manner get paid.
    Look at the 341 Meeting notice to see the deadline to file.
    Sadly, yours appears to be an unsecured claim. Those usually get paid pennies on the dollar. And, they only get paid after the secured debts. So, you might not see any money for years.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . The so-called "meeting of creditors" isn't really that anymore. Usually creditors don't appear at these meetings and your one question "do you intend to pay me" has the obvious answer of "NO!" If this tenant is still in the property, you need a lawyer to apply to lift the stay so you can evict her. If she is gone, count your blessings and file a claim. You can read the plan to see if you get paid, but as an unsecured creditor, you usually get nothing. Hope this perspective helps!

  3. Justin Michael Raver

    Contributor Level 10

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    Answered . My best advice is to keep your expectations low. The 341 hearing are very brief generally and do not get into detail about individual debts unless they are significant or unusual. You will be permitted to ask questions of the debtors. Without the assistance of an attorney though you may find it intimidating to do so or that your questions are met with objections or challenges by the debtors counsel or the trustee. The pace will be quick and businesslike and very different from what you may be expecting of "court". There will be no judge or reporter, very little of the legal procedure people expect. Have your questions prepared ahead of time and day you go. You will feel pressured to move fast and be concise so make sure that you have a plan.

    More important than the hearing though is the careful consideration of the debt owed you. Consultation with creditor attorneys may reveal that the debt owed you can be found nonchargeable. One example would be if part of the money was due to intentional acts of damage. This type of claim can be found to be nondischargeable in some cases. Similarly if it can be demonstrated that she defrauded you in some way. Again this will probably require counsel as the rules in bankruptcy cases a very particular.

    Finally make sure you craft a carefully drafted and timely claim for your judgment to maximize the chances of recovery through the plan payment itself. Just don't hold your breath for this though as creditors lacking security for their debts generally do not fare well in the plan.

  4. David Leibowitz

    Pro

    Contributor Level 12

    Answered . Your trustee will be Glenn Stearns. You will be asked to explain your income and expenses. You'll be asked to briefly go over your income tax returns. You'll be asked if your schedules are complete. The trustee will explain to you how much you'll have to pay each month and where along with all of the details of chapter 13 administration. You'll also be informed about the need for a financial management course. You'll be asked to provide your income tax returns to the trustee annually during the terms of the plan. The meeting might take 15-20 minutes. Trustee Stearns may delegate to another person on his staff for the meeting.

    This response does not create an attorney client relationship and is provided as a matter of general information only.
  5. Asaph O. Abrams

    Contributor Level 12

    Answered . Based on the fact pattern and reasonable assumptions, attendance at the chapter 13 bankruptcy meeting of creditors isn't merited; absent cause it's an unncessary imposition upon the bankruptcy debtor, the trustee and other attendees on a shared calendar. Generally the chapter 13 (and chapter 7) bankruptcy "meeting of creditors" is a meeting without creditors. Superfluous appearances might on occasion be made by both creditors and creditors' counsel.

    This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn’t address all facts & implications of the... more

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