After Filing

After the case has been filed, the Court issues a notice to all creditors and parties listed in the case advising them of the filing, the case number, and the name of the trustee assigned to the case (in Chapters 7, 12, and 13). The notice also tells creditors the date, time and location of the meeting of creditors, the deadline for filing objections to the debtor's discharge or to the dischargeability of certain debts, and whether and where to file claims. The information in the notice varies with the chapter of the case.

Send Required Documents to the Trustee

In addition to the documents you are required to file with the court, there are other documents that you are required to provide to the trustee assigned to your case. If you fail to provide these documents to the trustee at least 7 days before your Section 341 Meeting of Creditors, your case may be dismissed. DO NOT FILE THESE DOCUMENTS WITH THE COURT.

Chapter 7 Debtor(s) Requirement to Send Documents to the Trustee
Chapter 13 Debtor(s) Requirements to Send Documents to the Trustee

Attend 341 Meeting of Creditors

You will be required to attend a Section 341(a) meeting of creditors. Section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property. It is presided over by the trustee assigned to the bankruptcy case. A debtor is required to appear and testify under oath about his/her assets/ liabilities. If the case involves spouses filing jointly, both spouses must appear at the meeting of creditors. Failure to appear may result in dismissal of your case. See also: Section 341 Meeting of Creditors.

Complete Debtor Education

Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors are required to complete debtor education in order to be eligible for a discharge. Individual debtors and each spouse (in a joint petition) must complete a financial management course from an approved provider and file the certificate of completion with the Court. See also: Credit Counseling and Financial Management (Debtor Education).