Before Congress revised the bankruptcy laws in 2005, it was up to the debtor to choose whether they would file a Chapter 7 or a Chapter 13. If the debtor chose to file a Chapter 7, the court could deny a Chapter 7 discharge, and require a debtor to file a Chapter 13 if the judge of the bankruptcy court felt that the debtor actually had a meaningful ability to pay his creditors, and was abusing the process by filing a Chapter 7.
People will need to bring their picture ID issued by the state in preparation for this meeting. Their driver's license or state ID card will suffice. Sometimes a school ID card with a photo on it would be sufficient.
The 341 meeting of creditors is a meeting where the trustee meets with the debtors, who appear and answer questions, under oath concerning their financial circumstances. The goal is to determine if there are any assets that the trustee can get to pay any creditors. It is called the 341 meeting, because Section 341 of the bankruptcy code requires it.
Your best investment in navigating the bankruptcy maze is a skilled, experienced bankruptcy attorney. Just as there are good doctors and bad doctors, good teachers and bad teachers, good auto mechanics and bad auto mechanics, so too there are good lawyers and bad lawyers.
Financial problems can happen to anyone, and you may need to consider bankruptcy. It can be difficult to figure out where to begin, but Martin M. Holmes Sr., Esq. can help. We can guide you through the process of choosing the right plan, filing for bankruptcy and managing your debts.
The Right to file Bankruptcy is an important tool that Federal law provides for people with debt problems. In the short term, bankruptcy prevents continued efforts by creditors to collect debts. In the long term, bankruptcy can completely eliminate repayment obligations so that a person can get a fresh start. Bankruptcy may make it possible for you to: