For many of my clients, the name conjures up thoughts from a horror movie, only worse because instead of watching it on the big screen, you have suddenly been thrust into, and made a part of, the movie.
So, naturally you ask, for the times creditors show up, why do they show up? Good question. The answer may not be very straight forward, because obviously there could be as many different reasons as there are creditors. However, in the past I have seen creditors show up for several reasons, which can for the most part be categorized as follows:
- The creditor is unsophisticated, and simply does not know he, she, or it does not need to be there.
- The creditor is not clear as to your intentions are regarding a secured asset, and simply wants a clarification as to what your intentions are.
- The debtor suspects fraud, or the hiding of assets.
- The creditor is upset, and has hired an attorney to attend
the meeting of creditors to ask questions, sometimes to try to
determine if there are any grounds for the court to deny the
granting of a discharge.
You should expect the trustee to ask you hard questions (similar to the ones I asked in my office during consultation). They will most likely include some of the following:
- Please state your name, address, and telephone number for the record.
- What is your work number?
- Did you receive and read the information sheet from the US Trustee's office?
- Did you read the documents your attorney prepared for you before signing?
- Are they truthful and correct?
- When you spoke with me on the phone, did you answer all my questions truthfully?
- Are there any changes that need to be made?
- Is there anybody that owes you money?
- Is there anybody you could bring a cause of action against for damages for anything, including a personal injury?
- Have you ever received an inheritance?
- Have you received your tax refund?
- How much was it, and when did you receive it?
- What did you do with it? (or, Do not spend the refund after
receiving it before you contact my office [referring to the
- Most of all, remember you are placed under oath. Make
sure all you answers are truthful. Should
you get caught lying in federal court, it can definitely ruin your