Court Meeting
Ordinarily, there is no "court" hearing, but you must attend a "creditor's meeting" usually at the trustee's office in both Chapter 7 and Chapter 13. You (both husband and wife in joint cases) must attend the meeting or the case will be dismissed. (This meeting is also called a "meeting under �341", or a "first meeting of creditors".)
The court schedules the meeting for about 6 weeks after the case is filed. The court will mail notice to you at the address you give in your papers. You can also find out the meeting date by calling the automated court information line at (602) 640-5820 for cases filed in Phoenix, or (520) 620-7475 for cases filed in Tucson.
Can the day or time of court meeting be changed?
No. The court sets the meeting day and time and will not change it. The trustee may continue the meeting to a later time if a written request is made giving the circumstances. There is an additional charge for the request, and you will have to contact your attorney.
Can my attendance at the court meeting be waived?
No, except in very unusual circumstances. We have been able to get appearances waived in cases of serious, extended illness or hospitalization.
What questions will I be asked at the court meeting?
You can be asked about anything relevant to the bankruptcy, but in most cases the questions are much more limited.
You will be asked to verify that the information in the papers which were filed is correct and to tell of any changes. The Trustee will want a phone number where he can reach you during the day, and may ask about anything in your schedules which he does not understand or wants more information about.
Creditors are not usually present, but secured creditors who attend the meetings will probably want to know where property securing their claims are.
Will I have to give anything to the Trustee?
The Trustee will probably want you to give him with copies of:
- Checking and savings account statements for the month before and after the date the bankruptcy was filed.
- In Chapter 7, pay stubs covering the date of filing. In Chapter 13 the two most recent pay stubs.
- Car titles, boat titles, deed to home.
- Tax returns for previous two years.
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These questions and answers are not intended as legal advice or as a statement of the law. They are intended to suggest areas which you should discuss with your attorney. Although Bankruptcy law is Federal code applicable to all states, the way it is applied may depend upon state law and varying practices of the courts, trustees, and even attorneys. As a result, some of these answers are directly applicable only in cases filed by our office in Arizona. |
This page was last revised: 10/11/16