meeting of creditors – Jeff Kelly Law Offices https://kellycanhelp.com Sat, 06 Jul 2019 12:54:36 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://kellycanhelp.com/wp-content/uploads/2025/12/cropped-Jeff-Kelly-Icon-1-32x32.png meeting of creditors – Jeff Kelly Law Offices https://kellycanhelp.com 32 32 Bankruptcy – What do I need to bring to my 341 Meeting of Creditors? https://kellycanhelp.com/blog/what-do-i-need-to-bring-to-my-341-meeting-of-creditors-in-a-chapter-13-or-chapter-7-in-northwest-georgia/ Mon, 16 Nov 2009 20:04:33 +0000 https://kellycanhelp.com/?p=478 For both Chapter 7 and Chapter 13 bankruptcy, you should bring to your 341 Meeting of Creditors:

1.  your driver’s license:

2.  your social security card:

3.  Proof of your car insurance:

4.  Proof of your house insurance and:

5.  Proof of your post-petition mortgage payments.

If you can’t find your social security card, bring a W-2 or a 1099. If you don’t have both a state issued picture I.D. and proof of your social security number, your hearing will not be held.  The trustee will most likely reset your hearing to the following week.

If you can’t find any proof of your social security number, go to your local social security office and have them issue you a letter with your social security number on it.  In Rome, the social security office is located across for Ridge Ferry Park just before you get to Fuddruckers.

The reason you need to bring proof of car insurance is so that you can show this proof to any attorney that may show up to the meeting of creditors on behalf of a car creditor.  If you don’t have any car creditors, you won’t have to worry about the proof of insurance.  Under the local bankruptcy rules in Northwest Georgia, if you let your car insurance lapse, the creditor can take your from you without a hearing before the court.  Thus, it is imperative that you maintain full coverage insurance on any vehicle you have financed.

You may need proof of insurance on your house if you have a significant amount of equity.  If you let your house insurance lapse on a house with equity, a Chapter 13 trustee may attempt to convert your case over to Chapter 7 so that the Chapter 7 trustee can sell your uninsured house to protect the equity on behalf of the bankruptcy estate.

Other Posts:

1.  What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

4.  How do I stop a garnishment in Georgia?

5.  How do I stop a foreclosure in Georgia?

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Bankruptcy – Will I have to go to court if I file? https://kellycanhelp.com/blog/will-i-have-to-go-to-court-if-i-file/ Fri, 03 Jul 2009 17:38:08 +0000 https://kellycanhelp.com/?p=312 If you file bankruptcy in Northwest Georgia, you will have to go to court with your bankruptcy attorney in Rome, Georgia.

When you file Chapter 13 bankruptcy, you must attend two court hearings.  The first is called the section 341 meeting of creditors and the second one is called your confirmation hearing.  If you have had a chapter 13 bankruptcy case dismissed within the past year, you may also be required to attend a motion to extend stay hearing.

Meeting of Creditors:  This hearing will take place about six weeks after your case has been filed.  During the hearing, the trustee will ask you questions about your case.  Your creditors will have the opportunity to attend the hearing and ask you questions as well.  Usually, the only creditor who attends these types of hearings are attorneys who represent car companies.  It is not uncommon to have the hearing without any creditors in attendance.  This meeting will take place in the Federal Courthouse  in downtown Rome.  This hearing will take place on the first floor.   I personally attend all chapter 13 meeting of creditors with you.

Confirmation Hearing:  This is the most important hearing for your case because the Judge will decide whether your case can go forward or if it will be dismissed.  I will personally attend this hearing with you as well at the Federal Courthouse in downtown Rome.  This hearing will take place on the third floor.

Motion to Extend Stay:  If you have had a case dismissed within the last year, you must have a hearing before the Judge within 30 days of the filing of your case.  If we don’t have this hearing, your bankruptcy protection will end.  One week after your case is filed, you must call our office and confirm the dates of all your hearings.  I will personally attend this hearing with you as well in the Federal Building in downtown Rome.

Meeting of creditors for Chapter 7 cases:  This is usually the only hearing you will have to attend in a Chapter 7.  You will be required to swear under penalty of perjury that the documents you submitted to the court are true and accurate.  In a Chapter 7 meeting of creditors, the trustee will focus on the assets you listed in your petition and ask if you have sold or transferred any assets within the last two years.

Other Posts:

1. What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

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