THE BANKRUPTCY PROCESS
I represent good people in economic hardship.We are called a debt relief agency under the law. In reality I am a local Flint attorney that practices bankruptcy. We try to educate you as to the process and your full set of rights in bankruptcy.
BANKRUPTCY FLINT MICHIGAN
Talk to Flint Bankruptcy Attorney Terry Bankert at 810-235-1970. Questions for Bankruptcy Lawyer Terry Bankert can be found at http://www.attorneybankert.com
Within a month of your filing bankruptcy a mandatory attendance at a meeting with a Bankruptcy Trustee is required. This is called a creditors meeting or a 341 Hearing after the Code Section.
The Trustee is an attorney that is not a judge and does not work for one. The trustee works for the U.S.Attorney a Federal Prosecutor.
In Flint the 341 hearing is held in the basement of the Federal Building. The bankruptcy trustee chairs the meeting. The trustee’s job may begin with finding you not eligible for a chapter 7 bankruptcy if your income is too great. The core purpose of the trustee is to have you swear an oath that the information you provided to the Bankruptcy Court is true. You can be federally prosecuted if it is not.
The trustee will question you about the information you provided to the court. You will be asked if all property was listed. How did you determine the value for the property you listed. Inquiry will be made of the net equity you have in personal and real property. Too much value in some property and you will not be able to exempt it from the bankruptcy.
Following is a list of topics the bankruptcy trustee may ask you about:
-inconsistencies that point to your being less than honest.
-your failure to file necessary documents.
-a decision that you must file for Chapter 13 instead of Chapter 7
-what methods did you use to arrive at the value of big ticket items that you are claiming as exempt like a car or house.
– what have done with your most recent tax refund
If the trustee sees items non dischargeable in bankruptcy you will be asked about them. Most people discharge all their debt like credit cards, medical and legal debts. The most common types of debt not dischargeable in bankruptcy are:
-non dischargeable taxes and the debts incurred to pay them.
-court-imposed fines and rstitution
-back child support and alimony
-debts owed to an ex spouse in a divorce or separation
-loans owed to a retirement system such as a 401(k)
-federal and state loans that were due less than three years before you filed.
-fines for driving under the influence of alcohol
-personal injury claims resulting from your drunk driving
Some debts not listed above will survive bankruptcy if the creditor seeks an order excluding the debt. These debts most often are: fraudulent transactions, recent credit card charges for luxuries and willful and malicious acts causing personal injury or property damage.
Your creditors seldom show up. If they do they can ask you questions. The purpose of the meeting is for the trustee to ask you questions. Your attorney will say very little at these meetings.