Question
Do creditors show up to bankruptcy court dates?
I am wondering if my creditors would show up and try to fight my case. Can they do this? What would happen if they did this? Would I need an attorney?LawQA.com Answer Library
Answered By: AZ Law Group of Trezza & Associates
They rarely appear. If they file a motion then you will need a lawyer.
Answer Applies to: Arizona
Replied: 10/7/2011
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.
Answer Applies to: Arizona
Replied: 10/7/2011
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: AyerHoffman, LLP
As part of your bankruptcy proceeding you will attend what is known as a creditor's meeting or 341 meeting. At this meeting the trustee will question you about your finances and your filing. Your creditors have a right to attend this meeting and question you as well. In most cases the corporate creditors do not bother to attend the meeting unless there has been evidence of fraud. Often judgment creditors (those who have won a suit against the debtor) will show up. It is possible for a creditor to prevent the debt from being discharged by filing a suit within the bankruptcy. Bankruptcy is a complicated legal process in a federal court. There are many opportunities to make mistakes which would cause your case to be dismissed. You should retain a bankruptcy attorney to guide you through the process and attend your creditor's meeting with you.
Answer Applies to: Massachusetts
Replied: 10/6/2011
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.
Answer Applies to: Massachusetts
Replied: 10/6/2011
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: Bird & VanDyke, Inc.
It is extremely rare that a creditor would show up for your 341 meeting.
Answer Applies to: California
Replied: 10/6/2011
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.
Answer Applies to: California
Replied: 10/6/2011
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 Law office of Bill Rubendall
Typically, creditors do not attend the meeting of creditors.
Answer Applies to: California
Replied: 10/6/2011
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.
Answer Applies to: California
Replied: 10/6/2011
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
If it truly is a court case then yes they are likely the ones that are requesting a hearing. If you are referring to the 341 hearing then, typically very few will show up and its just to determine if you are returning secured property or your intentions and to verify your information. They don't stop your BK just ask questions as it affects the property they are concerned with.
Answer Applies to: Utah
Replied: 10/6/2011
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.
Answer Applies to: Utah
Replied: 10/6/2011
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
You should not file BK without an attorney. Even the simplest Chapter 7 has unexpected pitfalls for debtors. To address your question, no, creditors will not apply at your proceedings. If you have not filed tax returns someone from Co. Dept of Revenue will appear to ask you when you will file.
Answer Applies to: Colorado
Replied: 10/6/2011
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.
Answer Applies to: Colorado
Replied: 10/6/2011
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 Law Center
For a simple no-asset Colorado chapter 7 bankruptcy, creditors rarely come to the meeting of creditors, even if they intend to challenge the case.
Answer Applies to: Colorado
Replied: 10/6/2011
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.
Answer Applies to: Colorado
Replied: 10/6/2011
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
Creditors are entitled to show up for your 341 meeting. However, it is rare that they do unless they suspect you of committing fraud or if it is an individual creditor rather than a corporate creditor.
Answer Applies to: New York
Replied: 10/6/2011
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.
Answer Applies to: New York
Replied: 10/6/2011
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 Magnolia Zarraga
Most creditors do not show up to the meeting of creditors. It just depends who you owe money to. If you owe money to large institutions, banks, credit unions etc., they are not likely to show up to the meeting. If these creditors had an issue with your bankruptcy they would most likely contact your attorney. Creditors such as people you owe private or personal loans to or people who have sued you in small claims court are more likely to show up at your meeting of creditors. The risk that creditors may show up at your meeting of creditors is another reason you need to hire an experienced local bankruptcy attorney to represent you in your bankruptcy. Otherwise if creditors show up it can get messy. An experienced attorney will make sure your bankruptcy is done correctly and prepare you for the meeting so that it can go smoothly and be there with you at your meeting to fight for your rights. Consult an attorney today.
Answer Applies to: California
Replied: 10/6/2011
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.
Answer Applies to: California
Replied: 10/6/2011
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: Ashman Law Office
Pro se bankruptcies almost always go badly. You need an attorney. Creditors may or may not appear, but some could.
Answer Applies to: Georgia
Replied: 10/5/2011
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.
Answer Applies to: Georgia
Replied: 10/5/2011
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
Creditors have the right to appear at the 341 meeting, to conduct a 2004 exam, and can object to the discharge of their debt.
Answer Applies to: Colorado
Replied: 10/5/2011
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.
Answer Applies to: Colorado
Replied: 10/5/2011
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: Janet A. Lawson Bankruptcy Attorney
Generally they don't show up. If they think you committed fraud they will file a case against you in the bankruptcy court. They have 60 days from the date of your hearing to do this. If they do that you should get a lawyer.
Answer Applies to: California
Replied: 10/5/2011
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.
Answer Applies to: California
Replied: 10/5/2011
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: Ross Smith, Attorney at Law
Creditors rarely show up at first meetings. The trustee represents their interests very well at that time. When a creditor does show up, it is usually a secured creditor who will politely inquire if the house or car that secures their loan is insured and in good condition. More rarely, a creditor will show up to inquire as to whether you lied on your loan application about some significant matter, like your name or your salary or assets. The creditor is looking to build a case of fraud so that their debt will not be discharged. This is very rare. Once again, politeness is always the rule, even as a creditor is asking about possible fraud. So, always answer politely, quietly and truthfully. No heat. Creditors are not allowed to "fight" the bankruptcy. They are allowed to prove fraud, if they can, but that is all. Quite frankly, you should have had an attorney from the start, but if you have come this far without an attorney, I would wait until the first meeting and see how it goes. If you filed everything correctly, there should be no trouble. If you didn't, then you will know right away that it is time to get a professional in the ring to defend you.
Answer Applies to: Ohio
Replied: 10/5/2011
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.
Answer Applies to: Ohio
Replied: 10/5/2011
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: Lewis Adams and Associates
Most creditors never show up. You may one or two. They usually are secured creditors and want to know if you keeping the stuff purchased or if you are surrending it. Unless you committed fraud, they are not there to fight you.
Answer Applies to: Utah
Replied: 10/5/2011
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.
Answer Applies to: Utah
Replied: 10/5/2011
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: Ware Law Office, LLC
Creditors have the right to attend the Meeting of Creditors, though they rarely do so. They also have the right to file objections, claims, and other motions during your bankruptcy. The results of these various creditor actions will depend on the relief the creditor is seeking and your response to the creditor's action. I would recommend hiring an attorney any time a creditor files a claim, motion, or objection in a bankruptcy.
Answer Applies to: Maryland
Replied: 10/5/2011
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.
Answer Applies to: Maryland
Replied: 10/5/2011
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
You should not file without an attorney, particularly if you think a creditor might object and argue that you committed fraud in obtaining the money. Creditors generally do not show up at the meeting of creditors. However, if a creditor thinks you are committing fraud then the creditor might show up or send an attorney to question you at the meeting of creditors. A creditor has 60 days after the meeting of creditors to sue you in bankruptcy court if the creditor believes that the debt should not be discharged due to fraud or other reasons allowed for objecting to the discharge of the debt.
Answer Applies to: California
Replied: 10/5/2011
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.
Answer Applies to: California
Replied: 10/5/2011
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: D T Pham Associates, PLLC
There is an event called the 341 meeting where/when creditors can appear to confront and question the debtor(s)
Answer Applies to: Texas
Replied: 10/5/2011
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.
Answer Applies to: Texas
Replied: 10/5/2011
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: Benson Law Firm
We would suggest using an attorney for any matter other than the simplest of bankruptcies. Generally speaking, the cost is minimal by comparison to the problems you might encounter and the opportunities you might miss. As to whether creditors show up to court dates, it depends on the nature of what the court is hearing. If it is a motion for relief from stay, yes a creditor will show up. If it is a confirmation hearing and there are no objections by either the trustee or your creditors, a creditor will probably not show up. If all you are talking about is a 341 meeting, most take place without a creditor present.
Answer Applies to: Ohio
Replied: 10/5/2011
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.
Answer Applies to: Ohio
Replied: 10/5/2011
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 Salas Firm
They may show up depending on the amount of the debts and how the debts were incurred; however, they typically do not attend.
Answer Applies to: Colorado
Replied: 10/5/2011
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.
Answer Applies to: Colorado
Replied: 10/5/2011
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: Selleck Legal, PLLC
Creditors do have the opportunity to appear at your 341 Meeting of Creditors. In my experience very few creditors appear at these hearings, with the exception of representatives for credit unions which typically do appear. They are there to ask questions regarding the debt and what you used the funds for.
Answer Applies to: Michigan
Replied: 10/5/2011
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.
Answer Applies to: Michigan
Replied: 10/5/2011
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
Creditors usually don't show up to the 341 meeting of creditors.
Answer Applies to: Washington
Replied: 10/5/2011
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.
Answer Applies to: Washington
Replied: 10/5/2011
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.
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