Legal Question in Bankruptcy in New York

Re: Bankruptcy Trustee Meeting

The meeting of creditors for a Chapter 7 petition is actually attended by creditors only very rarely (I've never seen a creditor at a Chapter 7 meeting of creditors, to tell you the truth). The questions you can expect from the Trustee will be taken directly from the petition you filed. S/He'll start at the beginning and continue through until the end and then stop.

Make sure you read all documents that the Court or the Trustee has sent to you very carefully; they may contain instructions as to what to bring with you and what to expect.

You're acting as your own attorney, so pluck up your courage and call your Trustee's office and ask them what questions you can expect. The worst they can do is say "We can't answer that." Don't push it too hard, though; Trustees are incredibly busy people and really don't have the time to hold the pro se debtor's hand.

It's generally best to hire a lawyer to handle bankruptcy matters; the law changed, and not for the debtor's better, in 2005. At this point, you might look for an attorney to attend the first meeting of creditors with you. You'll need someone who is local to you (that means in the same borough). Your Zip code says "Manhattan;" that means you'll need a lawyer who practices in the Southern District Bankruptcy Court. I have a friend from law school to whom I'd be happy to refer you who practices bankruptcy law in the Southern District. Call my office to ask for the referral.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Bankruptcy Trustee Meeting

You should not be nervous as these meetings are usually very quick. The trustees will usually ask the same basic questions.

First, the trustee will show you a copy of your petition and ask if that is your signature. The following are examples of what questions you can expect:

Is everything in your petition true and correct?

Do you wish to make any changes?

Does your petition accurately list all of your assets and debts?

Have you ever owned any real estate? (If yes, you will be asked further questions about this).

Have you ever been in business for yourself?

Does anyone owe you money?

Do you have any potential personal injury claims?

Have you paid back any family members in the past year?

Do you expect to inherit anything in the next six months?

These are the most common questions. Sometimes the trustee will ask how you got into debt.

Sit where you can hear what the trustee is asking the other people there. You can expect to be asked the same questions.