Your first step in the bankruptcy process is often the 341 Meeting of Creditors. This is the time when your assets are reviewed to make sure there is nothing you own that could be sold to pay back what you owe. You will face an interview with a panel trustee who will likely ask you about your assets and your bankruptcy form petition. Your bankruptcy lawyer will usually attend this meeting, and your creditors have the right to come to it as well. Chances are, however, that they will not choose to do so. The meeting is short and usually lasts around five minutes.
At this bankruptcy court meeting, you may be asked to furnish additional information about your finances. This could include tax returns, pay check stubs, titles to property, bank statements, and even an appraisal of your home’s value. If these documents are requested, you must furnish them.
You may be surprised that you usually do not have to appear before a judge when you go to the United States Bankruptcy Court. The reason for this is that you have not committed a crime. You are choosing to file bankruptcy, and unless you have done so falsely, you are not guilty of wrongdoing. For this reason, you will only face the trustee in bankruptcy district court in most instances.
If your bankruptcy petition form clearly shows that you have no money with which to pay your creditors, it will probably be approved. This means your debts will likely be discharged if you are filing chapter 7 bankruptcy. This will give your creditors 60 days to appeal the decision. After 60 days, the Discharge Order is issued by the bankruptcy court, provided there are no objections. At this point, you are done filing bankruptcy and you can move on to improving your finances.
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