For most people filing personal Chapter 7 or Chapter 13 bankruptcy, the only time they’ll have to make an appearance will be at the meeting of creditors. As I’ve written before, the meeting of creditors induces more anxiety in my clients than anything else during their bankruptcy process. As you’ll discover, although this is an opportunity for creditors to show up and ask you questions about your finances, they rarely do. This is not a court proceeding. There is no judge. It isn’t in a court room.
When your bankruptcy attorney files your case, she will get the date for the meeting of creditors. Your attorney has little or no control over when the date is set, but Federal Rule of Bankruptcy Procedure 2003(a) sets forth the guidelines the U.S. Trustee must use when setting the date. Rule 2003(a) requires meetings of creditors in Chapter 7 bankruptcies to be ” no fewer than 21 and no more than 40 days after” the petition is filed. Chapter 13 meeting of creditors will be set “no fewer than 21 and no more than 50 days after” after the petition is filed.
As a practical matter, I tell my clients that they can expect to have to go to the meeting of creditors about a month after I file. Knowing that can be helpful, particularly if they are expecting to have to travel in the near future, since they must attend the meeting of creditors for their debts to be discharged.