By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7In most (if not all) Bankruptcy Courts, if you file a personal Bankruptcy case you will need your official social security card for your first meeting of creditors. That means the card issued by the Social Security Administration, and not a photocopy or any other unofficial card you may have obtained elsewhere. Not surprisingly, many… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 7No…not Debtors’ Prison (unless it is child support or some taxes). It is not all that unusual that someone who files a Bankruptcy case goes to jail later, or someone already in jail or prison wants to file a Bankruptcy case. For example, take the person who is in financial trouble and gets behind on… Continue Reading
By Scott Riddle Posted in Chapter 7In the last several years, home lenders have started telling borrowers that they cannot get a modification of their home loan if they did not reaffirm the loan in their prior Chapter 7 case. The same representatives are apparently telling borrowers that they need to reopen their Chapter 7 case to file a Reaffirmation Agreement. … Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 11,Chapter 13,Chapter 7A Rule 2004 Examination (often just called a “2004 Exam”) is the procedure used by parties in a Bankruptcy case to get documents or information from another party. The name comes from Rule 2004 of the Federal Rules of Bankruptcy Procedure, which governs the process. The rule is very broad and essentially allows any party… Continue Reading
By Scott Riddle Posted in Chapter 7When a Chapter 7 case is filed, or a case is converted from a Chapter 11 or Chapter 13 to a Chapter 7, a Chapter 7 Trustee is assigned for the case from the “Trustee Panel.” The Panel is made up mostly of lawyers in private practice, but may include accountants or other individuals with… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Everyone who files a Bankruptcy case, whether it is a personal case or a business case, has to attend the Meeting of Creditors, which is sometimes called the “341 Meeting” because it is required by Section 341 of the Bankruptcy Code. “Meeting of Creditors,” as it is called in the statute, is somewhat misleading in… Continue Reading