How to prepare for Chapter 7 13 341 Hearings
How to prepare for Chapter 13, 7 341 Hearings
At the fourth stage of the process the Debtor will appear at a 341 hearing. After you have filed for Chapter 7 or Chapter 13 Bankruptcy you will prepare for your hearing with the Trustee and take the debtor education class. The debtor education class and your hearing is required to obtain your final discharge. To enter a federal courthouse a photo id is required and normally Debtors will use a driver’s license. The Trustee will need to verify your social security number and you will need your social security card.
Without your social security card your hearing will often be continued. The failure to attend your hearing will normally mean that the attorney will have to file a request to continue the hearing however most courts will require you to file an affidavit to request a continuance. Some courts will dismiss the case unless a very good reason is given.
At the proceeding, the panel trustee will be concerned with the accuracy of the petition and whether or not assets will be available for creditors. It is rare for the Debtor to have assets that are available. Creditors may appear. If they do appear, normally it is only to question whether or not the debtor will reaffirm or redeem property. The US Trustee will normally only appear if it is possible that the Debtor should have filed as a Chapter 13 and had enough income to repay creditors in a Chapter 13. The US Trustee may also appear if fraud is suspected or the petition is inaccurate or confusing. Most questions are simple and easily answered and in our how to file for bankruptcy manual.
In a Chapter 13 case there is a second proceeding called a confirmation hearing that will review the plan of the debtor and whether or not it is reasonable. Chapter 13 plans that pay more than 70% are presumed to be filed in food faith. Plans that pay 100% are not required to lose tax refunds. These confirmation proceedings will also commonly be held jointly with any hearing held to consider stripping a mortgage or if any objections to the plan are filed.
Nick C. Thompson Louisville Kentucky How to file for Chapter 7 Bankruptcy
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