Bankruptcy Procedure

What Is a 2004 Examination in Bankruptcy?

While your bankruptcy case is pending, any person or entity with an interest in your bankruptcy can request an opportunity to investigate matters rela...

What Is a Bankruptcy Audit?

The U.S. Trustee audits bankruptcy cases every year. The purpose of the audit is to monitor fraud and prevent debtors from lying about their income an...

Why File a Proof of Claim for a Creditor?

The U.S. Trustee in Bankruptcy

When you file for Chapter 7 or Chapter 13 bankruptcy, a bankruptcy trustee is appointed to administer your bankruptcy case (often called the case trus...

Objecting to a Proof of Claim in Bankruptcy

Any party in interest has the right to object to a proof of claim in a Chapter 13 or Chapter 7 case.

What documents will the bankruptcy trustee request before my 341 hearing?

In both Chapter 7 and Chapter 13 bankruptcy, the debtor must attend a meeting called the 341 hearing or the meeting of creditors. The bankruptcy t...

What Is the Difference Between the Meeting of Creditors and the Confirmation Hearing in Bankruptcy?

Sometimes debtors get confused between bankruptcy's meeting of creditors and bankruptcy's confirmation hearing. Here's the difference.

Will bankruptcy stop medical debt collections?

When you file a Chapter 7 or Chapter 13 case the protection of the automatic stay immediately stops all medical debt collections and lawsuits agai...

Reasons the Trustee or Court Might Dismiss Your Bankrutpcy Case

When you file for bankruptcy, you must be honest in your bankruptcy papers, follow all federal and local rules, and attend all mandatory hearings....

If the trustee wants to take my car, can I dismiss my bankruptcy at the 341 hearing?

What happens if you file for Chapter 7 bankruptcy and then at the meeting of creditors (also called the 341 hearing) the trustee wants to take you...

Can You Dismiss Your Chapter 7 Bankruptcy After You've Filed?

Once you file for Chapter 7 bankruptcy, you don’t have an automatic right to voluntarily dismiss it.

Meeting of Creditors: Common Bankruptcy Trustee Questions

Before you can receive a discharge in Chapter 7 or Chapter 13 bankruptcy, you must be examined under oath by a bankruptcy trustee at a hearing cal...

Who Can Attend Your Meeting of Creditors?

If you file for Chapter 7 or Chapter 13 bankruptcy, you must attend a hearing in front of a bankruptcy trustee called the meeting of creditors (al...

The notice of meeting of creditors came back as undeliverable for a creditor. What should I do?

When you file for Chapter 7 or Chapter 13 bankruptcy, the court sends notice of your meeting of creditors (also called the 341 hearing) to all cre...

What the Bankruptcy Trustee Looks for at the Meeting of Creditors

When you file for Chapter 7 or Chapter 13 bankruptcy, you must appear at a mandatory hearing called the meeting of creditors (also called the 341 ...

How to Prepare for Your Bankruptcy Meeting of Creditors

When you file your bankruptcy case, you will receive notice of the date and time of your meeting of creditors (also called the 341 hearing). Howev...

What Happens After Your Meeting of Creditors?

If you file for Chapter 7 or Chapter 13 bankruptcy, you'll have to attend a hearing called the meeting of creditors (also called the 341 hearing)....

I can't make my meeting of creditors. What should I do?

If you don’t attend your bankruptcy meeting of creditors (also called the 341 hearing) at its scheduled time, the bankruptcy trustee will normal...

There's a mistake on my bankruptcy petition. Should I tell the trustee at my meeting of creditors?

If you discover a mistake on your bankruptcy petition, you should correct it as soon as possible. If you have not fixed it by the time of your mee...

What Happens at a Chapter 13 Bankruptcy Meeting of Creditors?

When you file for Chapter 13 bankruptcy, you must go to a mandatory hearing called the meeting of creditors before your case can be approved (conf...

What Happens at a Chapter 7 Bankruptcy Meeting of Creditors?

When you file for Chapter 7 bankruptcy, you must attend a mandatory hearing called the meeting of creditors before you can receive a discharge.

I need an interpreter for my bankruptcy meeting of creditors. What should I do?

If you need an interpreter for your bankruptcy meeting of creditors, you should first notify your bankruptcy trustee. In most cases, the trustee w...

I am married but filing for bankruptcy alone. Does my wife need to come to the 341 hearing?

If you are married but filing for bankruptcy without your spouse, he or she does not need to attend your 341(a) meeting of creditors. However, you...

What Is a Proof of Claim in Bankruptcy?

A proof of claim is a written statement that notifies the bankruptcy court, the debtor, the trustee, and other interested parties that a creditor ...

Nondischargeability Complaints in Bankruptcy

The discharge is what you receive at the end of your bankruptcy, and it means that any dischargeable debt is no longer your legal responsibility.

Using Your Credit Cards for Cash Advances Before Bankruptcy

If you're having financial difficulties and you have available credit on your credit cards, it may be tempting to take out a cash advance to float...

Adversary Proceedings in Bankruptcy: Fraudulent Transfers

An adversary proceeding for a fraudulent transfer is a lawsuit within your bankruptcy that the bankruptcy trustee files to recover property you ga...

Adversary Proceedings in Bankruptcy

An adversary proceeding in bankruptcy is a lawsuit filed within your bankruptcy case. While it remains a part of your bankruptcy case, it has its ...

Reopening a Bankruptcy Case

If you file bankruptcy, the court will close your case after you have completed all the case requirements and received a discharge. The court ma...

Can I contact the bankruptcy trustee before the 341 hearing?

Contact information for the bankruptcy trustee is usually provided on the notice of the trustee’s appointment or the notice of the 341 meeting. ...

Using Chapter 7 Bankruptcy to Prevent a Utility Shut-Off

Chapter 7 bankruptcy can provide immediate relief if you are in danger of a utility shut-off, including your gas, electricity, water, or even teleph...

Eliminating Liens in Bankruptcy: An Overview

There are several steps you can take during bankruptcy to eliminate or reduce liens. But these procedures are neither automatic nor required: You ha...

Nonconsensual Liens (Liens You Don’t Agree To)

In some circumstances, a creditor can get a lien on your property without your agreement. These are called nonconsensual liens.

Avoiding Nonpossessory, Non-Purchase-Money Liens in Bankruptcy

If you have pledged some item of personal property (other than real estate or non-business cars) that you already owned as security for a loan, and ...

What Happens to Liens in Chapter 7 Bankruptcy?

Even though bankruptcy wipes out your personal obligation to repay a secured debt, the creditor’s lien on your property survives your Chapter 7 ban...

What Is a Judgment Lien?

A judgment lien is a type of nonconsensual lien (a lien that attaches to your property without your agreement).

Getting Rid of Judgment Liens in Bankruptcy

If you have judgment liens recorded against your property, such as your home or car, you may be able to get rid of those liens in Chapter 7 bankrupt...

Will bankruptcy stop a credit card lawsuit?

However, the effect of the bankruptcy on the lawsuit and the underlying credit card debt depends on the claims alleged in the lawsuit and whether ...

How Bankruptcy Can Stop Wage Garnishments

If a creditor is garnishing your wages, you may be able to stop the garnishment and even get some of your garnished wages back by filing bankrup...

Will bankruptcy stop the IRS from collecting tax debts?

When you file bankruptcy the automatic stay stops the IRS (at least temporarily) from collecting on tax debts. However, not all taxes are trea...

When a Creditor Tries to Lift (Remove) the Automatic Stay

The automatic stay stops most collection efforts during your bankruptcy. But the stay is not absolute – creditors can ask the bankruptcy court t...

Bankruptcy's Automatic Stay and Foreclosure

Many debtors facing foreclosure turn to bankruptcy. One of the primary reasons why debtors file bankruptcy is to take advantage of a statutory p...

Exceptions to the Automatic Stay in Bankruptcy

The stay doesn’t put a stop to every type of collection action, nor does it apply in every situation.

Losing the Automatic Stay for Repeat Bankruptcy Filings

Bankruptcy's automatic stay puts a stop to most collection activities.

Losing the Automatic Stay: Missing Deadlines for Handling Secured Debts

The automatic stay puts a stop to the efforts of most creditors to collect your debts. However, there are some exceptions and limits to this powerful...

The Meeting of Creditors in Chapter 7 Bankruptcy

Every Chapter 7 bankruptcy is administered by a Chapter 7 trustee. The trustee's main task is to sell nonexempt property to repay general unsecu...

The Meeting of Creditors in Chapter 13 Bankruptcy

If you file for Chapter 13 bankruptcy, the bankruptcy trustee will hold a meeting of creditors (also called the 341(a) hearing or 341 meeting).

Pre-Bankruptcy Payments to Creditors: Can the Trustee Get the Money Back?

Sometimes when you’ve paid a creditor shortly before filing for bankruptcy, the bankruptcy trustee will be entitled to get this money back. The id...

Evictions and the Automatic Stay in Bankruptcy

If you are facing eviction proceedings, filing bankruptcy may allow you to stay in the property longer or give you the opportunity to become cur...

How Bankruptcy Stops Your Creditors: The Automatic Stay

When you file for bankruptcy, something called the automatic stay immediately stops any lawsuit filed against you and most actions against your proper...