Will I have to go to court in a Chapter 7 Bankruptcy Case in New York?
In New York City when a chapter 7 case is filed a Trustee and a judge is assigned to the case. The Trustee’s duty is to administrate the case so that there is less of a burden placed on the court system. The judicial system is only used in Consumer Bankruptcy cases to resolve disputes and as a general overseeing body. However, approximately 30 days after a Chapter 7 or 13 case is filed in Manhattan(Southern District of New York) or Brooklyn/Queens/Richmond County (Eastern District of New York) the trustee will hold what is called a 341 meeting of creditors. It serves 2 purposes, it gives any creditor the brief opportunity to ask questions to the debtor. This is a very limited opportunity as the Trustee usually has many cases each day and will cut off creditors who are asking to many or irrelevant questions. A question might be, “where is the furniture you bought from best buy”. The Creditor might want to know this so he/she can start proceedings to get back the furniture if the creditor is actually entitled to the furniture. In any event, the Trustee will then verify the debtor’s identity and ask a few basic questions about the petition.
What does this mean to you?
Do not be intimidated by the meeting of creditors. There are no judges allowed here and they are usually very quick and painless.
Much of what the Trustee is doing is verifying you are who you say you are (by looking at id cards).
Make sure your New York City Attorney goes over the questions you may be asked before the meeting of creditors.
If you are considering filing for Bankruptcy contact my office at 212-244-2882 for a free no obligation consultation. Mention this blog and I will pay for your 3-bureau credit report and your 2 bankruptcy courses you must take to get a discharge.