Upcoming Meeting of the Creditors

[shieldm]

What is the name of your state?What is the name of your state? MI

I have my meeting of the creditors scheduled in a few weeks, at the time I filed for ch 7, I was working pt making $8.50 p/h and was getting help from my parents to meet my monthly expenses. I have since found a better paying job but I still want to file the ch 7 because I am bogged down in debt from being basically unemployed for 1 1/2 years. I was also having my wages & bank account garnished by creditors.

What do I do about reporting my new income? Will that effect my ability to file under my original petition?

[onestepahead]

The debt clock stopped for unsecured creditors when you filed unless: your filing was deficient; you included debts that are not dischargeable; one of your creditors objects for some reason; and/or the trustee finds something wrong.

If your BK is C7/NA (no assets), ordinary income from any job earned and paid after filing is normally out of the reach of unsecured creditors. Otherwise, we'd all be in the twilight zone until discharge.

P.S. I sat in on some 341 meetings yesterday. The sessions averaged 3 minutes and the trustee rarely looked up from his laptop as he asked routine questions. You might want to attend a 341 session in your court to see how they work. They are normally open to the public.

[shieldm]

Thank you for your prompt response. I just wanted to ask if I should tell my attorney about my new job?

I wish I had the time to go down and sit before my upcoming hearing but my schedule does on permit the time.

[bigun]

Actually, you do need to tell your lawyer.
One question the trustee will ask is, there been any changes since you filed?


Description
The questions which trustee will ordinarily ask at the meeting each debtor is required to attend are given in the "Handbook for Standing Trustees." This is a copy of the questions from that handbook.
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APPENDIX C SECTION 341(a) MEETING OF CREDITORS
(Individual Debtors)



REQUIRED STATEMENTS/QUESTIONS1

State your name and current address for tile record.
Have you read the Bankruptcy Information Sheet provided by the United States Trustee?
Did you sign the petition, schedules, statements, and related documents you filed with the court? Did you read the petition, schedules, statements, and related documents before you signed them and is the signature your own?
Please provide your picture ID and social security number card for review.
If the documents are in agreement with the petition, a suggested statement for the record is:
"I have viewed the original drivers license (or other type of original photo ID) and original social security card (or other original document used for proof) and they match the name and social security number on the petition.
If the documents are not in agreement with the petition, a suggested statement for the record is:

"I have viewed the original social security card (or other original document used for proof) and the number is 000-00-000. It does not match the number on the petition. I have instructed the debtor (or debtor's counsel) to file an amended petition by [date], serve all creditors and the standing trustee, and send a 'Notice of Correction of Social Security Number in Bankruptcy Filing' and a copy of the amended petition to the three major credit reporting agencies, and to the United States Trustee."
When the documents do not match the petition, the standing trustee shall attempt to ascertain why. The standing trustee also shall ask if the debtor has ever obtained credit or benefits, such as Medicaid or employment, using this social security number or any other-social security number.
If the debtor did not bring proof of identify and social security number, the standing trustee needs to determine why.
Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
Are there any errors or omissions to bring to my, or the court's, attention at this time?
Are all of your assets identified on the schedules?
Have you listed all of your creditors on the schedules?
Have you filed bankruptcy before using the social security number you presented today, the social security number on the petition or any other social security number not issued by the Social Security Administration? (If so, the standing trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)

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1. The first ten statements/questions are required. The standing trustee shall ensure the debtor answers the substance-of each of the ten questions on the record. The standing trustee may exercise discretion and judgment in varying the wording of the statements/questions, if the substance of the questions is covered.

Handbook for Standing Trustees Effective 7/1/02