Saturday, May 10, 2008

Do I Have Any More Bankruptcy Hearings?

Question: I just got back from the Meeting of Creditors in my bankruptcy. Will there be anymore hearings before I get my discharge?

Answers: In most bankruptcy cases filed by individuals (Chapter 7 or 13), the only hearing is the Meeting of Creditors conducted by the appointed trustee. In Chapter 13 cases, the court might conduct a hearing on whether a proposed repayment plan should be confirmed and you would be notified of the hearing date by your attorney.

In vary rare cases, a creditor or trustee might conduct something called a Rule 2004 Examination. A 2004 exam "may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge." These rarely occur.

There may be hearings on those matters such as a creditor seeking relief from the automatic stay to complete a foreclosure. But with those and other very limited exceptions, your Meeting of Creditors will be the only hearings in your case prior to receiving a discharge.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

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