Question

Do creditors actually show up in bankruptcy court?

I want to file for bankruptcy, but I am nervous about seeing my creditors and about going to court. Is there any way I can have a separate court date?
Share |

LawQA.com Answer Library

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
The Meeting of Creditors required by 11 U.S.C. 341 is an opportunity for creditors to show up but it is not likely that anyone but you, your attorney and the Trustee will be at the meeting.

Answer Applies to: Indiana
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Marvin Wolf
Unless one owes a significant amount of money to one creditor, creditors usually do not appear at the 341 trustee meeting (there's no set number but for under $10K owed to one creditor it's rare because the creditor would have to pay the lawyer to show up). Of course, if you owe $80K to one creditor, someone could conceivably show up. The 341 meetings are usually not held in a court, but at a space rented or provided to the panel trustee for that purpose. Former spouses sometimes show up to make trouble. If a creditor does show up, the trustee will usually limit the amount of time for questioning, since he has other cases to hear. Generally, it's a somewhat rare event unless there is significant money at stake. A creditor does not need to show up to request a copy of the transcript of the meeting, so occasionally you might see that.

Answer Applies to: New Jersey
Replied: 12/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Asaph Abrams
Creditors may appear at the "Meeting of Creditors;" however, they rarely do so. Usually, appearances by debtors before the Court-as opposed to the above-mentioned meetingare not required. If your papers are properly prepared and you're properly represented and apprised of any adverse issues, then fear not.

Answer Applies to: California
Replied: 12/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Cohen & Kendziorra, P.A.
Creditors almost never appear at the meeting.

Answer Applies to: Florida
Replied: 12/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Moore Taylor & Thomas PA
Creditors don't usually attend.

Answer Applies to: South Carolina
Replied: 12/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Meetings of creditors require the debtor to personally appear before the trustee. It is not a courtroom hearing. There is no judge and creditors rarely appear.

Answer Applies to: California
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Burnham & Associates
The only time creditors show up to the Courthouse is when they file Motions that must be heard. Oftentimes, they just send their attorneys. If you have small business creditors, like Mom & Pop stores or individuals that you owe money to, then they may show up to the 341 Meeting of the Creditors. At the 341 Meeting of the Creditors, Creditors have the right to show up and ask questions to the Debtor about their Petition and assets that may or may not be available. You cannot avoid this, it is the law. You should speak with an attorney about your concerns, as they may have the ability to reassure you and prepare you for what to expect.

Answer Applies to: New Hampshire
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Guardian Law Group PLLC
No you must attend your creditor meeting and very few ever show up. Usually just RC Willey and a few other furniture places.

Answer Applies to: Utah
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
Creditors very rarely attend the Meeting of Creditors.

Answer Applies to: Colorado
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
No, most of the time they will only file an objection if they think the debt is not dischargeable. If it's unsecured and it's not a judgment against you for malicious conduct or a tort that happened while you were intoxicated, or IRS debt in the past 3 years, child support, alimony, etc., it's most likely dischargeable.

Answer Applies to: Florida
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
No, you can't have separate court date. It is rare for a creditor to show up. If your debts are just credit cards and loans from regular lenders, they are not going to show up. The payday lenders don't even go.

Answer Applies to: California
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Associates, PC
No need to worry about seeing creditors! Creditors typically do not attend the creditor's meeting. I would go so far as to say that creditor's do not come to the creditor's meeting at least 99% of the time! In chapter 7 you do not go to court, but you do attend a creditor's meeting with the Trustee. The only attendees at the creditor's meeting are usually you, your attorney and the Trustee. No need for a separate court date.

Answer Applies to: Illinois
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles Schneider, P.C.
Sometimes but mostly not.

Answer Applies to: Michigan
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Benson Law Firm
Creditors generally do NOT show up at the meeting of creditors since the bankruptcy trustee is there to represent their interests. The most typical third parties to show up at a meeting of creditors are the IRS (if you have a significant tax bill or have not filed your tax returns), the US Trustee (if there are criminal or other issues suggesting you are filing for an improper purpose or should be filing under a different chapter of the code) and your home lender (if there are unusual issues impacting your property). But these appearances are rare.

Answer Applies to: Ohio
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lynnmarie A. Johnson
No, the meeting is also called the meeting of the creditors for a reason, they have to have the opportunity to question you about any debt you owe them and any assets thy think you have not disclosed to the trustee. In my area, only credit union generally show up, but it can be different in other areas and may depend on the level of debt if the creditor is motivated enough to come. Good luck!

Answer Applies to: Michigan
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
Sometimes, they show up but 99% of the time they don't. The Court will not give a special private hearing. They just move people through like an assembly line.

Answer Applies to: Texas
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Sanders Law, P.A.
Most creditors do not show up. It really depends on the situation. Credit card companies rarely appear unless you charged up the account right before you filed. There is no way to get a separate date, as the meeting you must attend is also known as the Meeting of Creditors, where creditors are permitted to ask you questions.

Answer Applies to: Florida
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Gregory J. Wald, Attorney at Law
In the great majority of bankruptcy cases, the creditors do not appear. The hearing is called the "Meeting of Creditors", but in fact it is just a meeting with the bankruptcy trustee in most cases. You wouldn't get a separate hearing. If you want a more detailed explanation, please call me. There is no charge for a telephone consultation.

Answer Applies to: Minnesota
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
No, but you generally do not see creditors unless they are personal creditors. Credit cards generally do not come to creditors meetings.

Answer Applies to: New York
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Selleck Legal, PLLC
The hearing you have is called the 341 "Meeting of Creditors" This is the opportunity for creditors to come and ask questions regarding the debts you are attempting to discharge. That being said, there are usually not many creditors there. In my district typically only credit unions have attorney representatives there.

Answer Applies to: Michigan
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
Creditors rarely show up at the creditor's meeting (or 341 meeting) unless they suspect fraud or there is some other basis for contesting the discharge of the debt to them. Unless you are trying to discharge a debt incurred while you were contemplating bankruptcy, a very large debt to a single creditor, or a debt arising out of a judgment against you for some act of fraud or deception, it is unlikely a creditor will make an appearance to question you. The 341 meeting is usually fairly quick. My clients are usually shocked by how easy they are to get through. If your bankruptcy attorney has done a proper job in preparing your filing, and if there are no issues, the meeting will probably only last five or ten minutes.

Answer Applies to: Massachusetts
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
No separate court dates, but most creditors will file objections and not show up. Some do, you should have an attorney to protect your rights.

Answer Applies to: Florida
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Michael B. Fisher
Your creditors has a right to receive notice and to appear to question you at your Section 341 meeting of creditors run by the bankruptcy trustee. It's fairly uncommon for most creditors to show up and do this though they have the right. Generally speaking, credit card companies and medical institutions do not show up at these meetings. The most common creditors to show are ex-spouses or business partners and/or other local lenders. Still, your attorney can protect and assist you from many of the creditors' questions and there is a limited time involved for them to ask questions.

Answer Applies to: New Hampshire
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rhonda R. Werner Schultz, PL
Creditors occasionally appear at the Chapter 341 Meeting of Creditors, however, usually only if they feel they have a claim to file. In most cases, creditors do not appear at the meeting and it is you and the Trustee there. You typically need to appear in court only if an adversary claim is filed because you have assets that a creditor wants to liquidate because they don't qualify as an exemption or some other circumstance exists.

Answer Applies to: Wisconsin
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Creditors are allowed to confront debtors at the meeting provided for by Sec. 341 of the Bankruptcy Code ("341 Meeting" or "Creditors' Meeting"). In the overwhelming number of cases however, no creditors appear. Often creditors don't even know their rights. Just as often, it is not worthwhile for them to bother confronting you. Of course if you owe a large amount to one creditor, it may be worth their time and money to confront you in the 341 Meeting or in a sworn deposition knowns as a Rule 2004 Examination.

Answer Applies to: Illinois
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Jill Rose Quinn
You have to appear in person for your meeting of creditors. Embarrassment is not a basis for not being present. The good news is that creditors rarely ever attend meetings of creditors.

Answer Applies to: Illinois
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James Wingfield
Depending on the case, the issues presented, the type of creditor, the assets you own and the Chapter of the Bankruptcy Code under which you file for relief, creditors may indeed appear at the Creditor Meeting (with a Trustee), file motions or otherwise appear in Court. In a typical no-asset individual Chapter 7 bankruptcy it is a tad unusual for creditors to appear unless there is a compelling reason to do so. On the other hand, where taxes are due, in a Chapter 13 case either the Massachusetts Department of Revenue and/or the Internal Revenue Service almost always appear at the Creditor Meeting. If you own a house and are behind on the payments it is very likely that the mortgagee will appear at the Creditor Meeting or will file a motion either (a) seeking relief from the automatic stay or (b) objecting to your plan (in a Chapter 13 case). With all that said, in most cases, non-priority unsecured creditors (such as credit cards) rarely appear in a personal bankruptcy case, unless there are grounds to object to your discharge.

Answer Applies to: Massachusetts
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Anthony Saunders Esq., PLLC
Unfortunately no. The meeting that occurs first after your bankruptcy filing is also known as a creditor's meeting. You are required to attend and your creditors have the option of attending. Creditors can and do show up but not everytime. A qualified bankruptcy attorney should be able to provide more information as to what he knows about your case. Contact an attorney when filing so your creditor specific questions can be answered.

Answer Applies to: Utah
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Judith A. Runyon, Esq. Attorney at Law
Sometimes, but rarely.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Harkess and Salter, LLC
Creditors have a right to appear and ask you questions at the 341 meeting. You cannot avoid that. Most creditors aren't interested in asking you anything and they do not usually appear.

Answer Applies to: Colorado
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Grace Law Offices of John F Geraghty Jr.
Normally it is the Attorney for the creditor unless it is your ex wife.

Answer Applies to: Georgia
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Robert P. Taylor
In a typical case, creditors don't show up. If you've done something shady, made big recent charges, overstated your income, etc., it could be more likely. If you have an attorney, it may be less likely.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
Your creditors have the right to show up at the meeting of creditors and question you for a few minutes each. However, that rarely happens unless a particular creditor is alleging fraud on your part and will be contesting your ability to discharge the debt. You can attend a meeting of creditors at the U.S. Trustee's Office in your area and see what it is like. You will see that few, if any, creditors ever show up.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Weber Law Firm, P.C.
Creditors rarely appear at the 341 meeting, except for secured creditors in about 5 percent of the cases.

Answer Applies to: Texas
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You have to be in court with everyone else. That is why you get a lawyer and do not (let me stress the do NOT) file pro se. Your lawyer will likely take steps that make sure you don't get to interact much, if at all, with creditors.

Answer Applies to: Georgia
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
No, you cannot have a separate court date. The reality is that most creditors do not appear. Your credit card companies, car loans, and mortgage banks don't care that you filed bankruptcy. They realize it's part of doing business. The typical creditor that appears is an X, such as an ex-spouse, ex-business partner, etc. Regardless, don't let irrational fear stop you from getting out of debt.

Answer Applies to: Colorado
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
No. The section 341 meeting is the meeting of creditors. If you have a good reason, you can file to appear by interrogatories; basically answering questions by mail. However, that is rare and the creditors can always request a private examination under 2004 if they desire.

Answer Applies to: North Carolina
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Symmes Law Group, PLLC
Usually creditors do not show up at meetings of creditors. If they do it is usually people related to personal non consumer debts.

Answer Applies to: Washington
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eliza Ghanooni, Attorney at Law
Creditors rarely show up in bankruptcy court and even if they do, their appearance is usually inconsequential.Creditors are only allowed to ask you questions regarding your assets. If you are represented by adequate counsel, you will haveno reason to fear your hearing date. Unfortunately, you cannot ask for a separate hearing date.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
No, there is no special dates available. However, most creditors do not show up at the hearing. I would quite frankly be more concerned about the trustee - who will be there.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Orantes Law Firm
When a petition is prepared properly, especially a Chapter 7 case, you will never even meet the Judge or even go to bankruptcy court. As for the meeting of creditors, they very rarely show up because they don't want to throw more good money after bad. By that I mean that creditors know your debts to them will be discharged and see little purpose in paying an attorney the usually very high bankruptcy attorney rates to attend a meeting of creditors. In my cases, the frequency with which creditors actually appear at the meeting of creditors is 1 in 100 or so. If you file a bankruptcy case with a duly qualified attorney, you will be prepared beforehand on how to handle the meeting and an attorney will be with you at the meeting.

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Bankruptcy


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.