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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 12-09-2004, 10:06 PM
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Join Date: Dec 2004
Posts: 12

Nervous about the creditors meeting


What is the name of your state? Washington.

I filed my bankruptcy this week and already I am getting solicitations in the mail from attorneys telling me that I'm going to get blindsided at the creditors meeting if I don't seek legal representation. They make it sound like the trustee and my creditors will pounce on me and shake me like a chew toy!

Any comments on what I can expect? Thanks for your input!
  #2  
Old 12-10-2004, 08:18 AM
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Join Date: Jul 2004
Posts: 438
You might want to go sit in on a couple of the 341 meetings conducted by your particular trustee just to see what happens.

Its really hard to predict how trustees will behave...they actually get paid a flat rate (like $60) plus a percentage of whatever they can drag up to pay unsecured creditors. As long as you were honest in your filings, and don't have any of the "red flags" pro se filiers sometimes raise, you should be okay.
  #3  
Old 12-12-2004, 09:43 AM
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Location: Nashville,TN
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You're getting letters from the BK equivalent of ambulance chasers ! Creditors RARELY show up at 341 meetings and if your case is a no-asset CH 7, they won't be allowed to make any claims against the bk estate either. I wouldn't get in too much of a tizzy at this point.
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  #4  
Old 12-12-2004, 10:26 AM
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I would agree with LIR in general. There is, however, apparently some pressure coming from the US Trustee's office in some districts for panel trustees to be more aggressive in finding assets to administer. Some US Trustees are also becoming more proactive in finding reasons to file 707(b) motions. The fact that the OP is getting multiple solicitations may mean that there's an especial problem in Washington state. The danger of going pro se into the 341 meeting in that kind of situation is that statements made under oath can easily be misconstrued down the road, even after one hires an attorney. The only people who can evaluate the risk are the local bankruptcy attorneys themselves.
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