Carrollton by PVII

frequently asked questions by debtors

I cannot attend my Meeting of Creditors, what should I do?

            You must make every effort to attend your first scheduled Meeting of Creditors.  Failure to attend may result in the dismissal of your case.  The Trustee may re-schedule the Meeting to a date 4 weeks from the first meeting  The Court will send you a notice of your continued Meeting’s scheduled date and time.  

Can I re-schedule the Meeting Of Creditors at a date and time that is convenient for my schedule?

            No

What if I do not have a social security card?

            You must produce evidence of your social security number (if you have one) at the Meeting of Creditors. If you do not have a social security card, apply for a replacement card ASAP! In the meantime, bring an original pay stub if it contains your social security number, or an original letter from a taxing authority showing your number.

What is a “Discharge” and when and how do I receive it?

            The discharge is the reason you filed bankruptcy. Filing bankruptcy ”discharges” your debts, i.e. you no longer have a legal obligation to pay your debts. The actual date of your discharge relates back to the exact date and time that you filed your petition. All debts incurred after this date are NOT discharged. You may only receive a discharge every six years. The Court will mail you a Notice of Discharge approximately 60 days from the date of your first schedule Meeting of Creditors. If you do not receive it, either visit or contact the U.S. Bankruptcy Court, NOT my office, as I do not have anything to do with issuing the discharge.

What if I move?

            It is your responsibility to keep the Court apprised of your current address. If you do not do this, you may miss important notice of happenings in your case, e.g. the notice of discharge. In order to do this, you must file a change of address with the U.S. Bankruptcy Court. You may obtain this form from the Court’s Clerk’s office.

What are these “Deadlines” contained in the Notice?

            The first deadline (60 days from the Meeting of Creditors) is the date by which creditors or other parties in interest may file a complaint against you, complaining that for certain reasons you may not discharge their debt or you should not receive a discharge, in general. If this date passes and you do not receive a complaint in the mail, it means no creditor or party in interest has filed such a complaint.

            The second deadline, 30 days from the Meeting of Creditors, is date by which creditors or parties in interest may file an objection to one or more of the exemptions that you claimed on your schedule C.

What if creditors continue to harass me?

            Creditors may not contact you after you have filed bankruptcy.  If they do, inform the creditor that the automatic stay of Section 362 of the U.S. Bankruptcy Code prevents creditors from taking collections actions against you. Copy the Notice and send it to the creditor as evidence that you filed bankruptcy. If a creditor persists, you may bring a motion in the Bankruptcy Court for sanctions against the creditor for violating the automatic stay (within sixty days of the Meeting of Creditors) or for violating the discharge injunction. Consult a bankruptcy attorney for assistance since the sanctions will probably be the cost of bringing the motion.

What if I forgot to list a creditor?

            You must file an amendment to add a creditor to your schedules with the U.S. Bankruptcy Court. The clerk’s office has a form you can use and will charge you a fee.

Can I keep certain debts or assets out of my bankruptcy?

            No. The U.S. Bankruptcy Code requires that you list everyone to whom you owe money and everything that you own in the schedules you file with the Court. You may not omit any person or any asset.

Has the new Bankruptcy Law changed filing requirements?

The new law, effective October 17, 2005, changed many provisions of the U.S. Bankruptcy Code.  For example, debtors are now required to attend a credit counseling course prior to filing, a financial management course after filing, and to provide to the trustee appointed in your case copies of the most recently filed tax returns and payment advices (pay stubs) for the 60 days prior to filing.  The Court and the Court’s website has a list of approved providers of these courses.   Mail the tax returns and payment advices to me via regular U.S. Mail to the address on this website.  The law requires the receipt of these documents 10 days before your scheduled Meeting of Creditors.  If you cannot provide these documents, send me a written statement explaining the omission.