Why creditors might come to the trustee meeting ?

Asked 11 months ago - Los Angeles, CA

If the appearance of creditors at the trustee meeting can't stop the
BK 7 process why would they wish to show up ? and in such a case
do i have to be worry ? thanks DH

Attorney answers (4)

  1. Stuart Gregory Steingraber

    Contributor Level 18

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    Answered . No creditor can "stop the BK 7 process". The few times they show up at the Meeting of Creditors is to find out where is their collateral or because they are non-institutional creditors and unfamiliar with the process. Even a creditor who ultimately files an adversary complaint wants to prevent its debt from being discharged and let all other debts be discharged. On rare occasions, a creditor may bring certain information to the attention of the trustee which may result in the trustee making further inquiry at the Meeting of Creditors. The kind of information that could be damaging to the debtor's case involves some kind of fraud, omission of assets, hiding, transferring assets, that kind of thing. If the trustee gets wind of something like that, your case could be referred to the US Attorney for further investigation. This is rare and your BK attorney should impress upon you the need for complete and accurate disclosure of all relevant financial details. You will be (or have already) signing your BK paperwork under penalty of perjury. Sometimes a warning is printed on the bottom of your petition which reads: Bankruptcy fraud is investigated by the FBI and carries imprisonment and/or $250K fines upon conviction. The same warning is usually posted on the desk or on the wall in the Trustee's Meeting place Read the case of professional baseball player Lenny Dykstra. Here is the link: http://espn.go.com/mlb/story/_/id/9410838/lenny...

  2. Brad Francis Weil

    Contributor Level 11

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    Answered . The purpose of the 341 is to determine if you have any assets the trustee can sell to pay your creditors and to see if you told the truth when you filled out your forms. If creditors show up they either know something you don't about your assets or they are trying to catch you in a lie. As long as you told the truth when you filled out your paperwork you should be fine.

  3. Diane L Gruber

    Pro

    Contributor Level 18

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    Answered . Usually only secured creditors, defrauded creditors and lay creditors show up.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  4. Ray Choudhry

    Contributor Level 14

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    Answered . Secured creditors want to find out about their collateral. Where it is, if it's insured or if you want to keep it.

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