Can I Talk to My Attorney During the Bankruptcy Meeting?

October 12, 2016

I have frequently been asked, “Will you be coming with me to the Bankruptcy Meeting?”  I have also been asked whether clients can talk to their attorney during the bankruptcy meeting.   The answer to both of these questions is “yes.”  Your bankruptcy attorney will be with you during the bankruptcy meeting (meeting of creditors).  You will be able to talk to him and ask him questions.

The Bankruptcy Meeting is an Examination: Your Attorney Will Be There

The Trustee will ask a series of questions during your bankruptcy meeting (meeting of creditors).  The Trustee is a court appointed bankruptcy official who reviews your case and makes sure that all rules and procedures are followed.   The Trustee will first confirm your identity and personal information.  Then, the Trustee will ask you a series of questions about your finances.   During this examination process, your attorney may interject to clarify aspects of your financial affairs.  Your attorney sometimes may also handle questions that relate to certain legal aspects of your case.  During the examination time, you can ask your attorney for clarification to questions or talk to your attorney if necessary.

The Trustee and Bankruptcy Filer will do Most of the Talking

Most of the bankruptcy meeting consists of the Trustee asking questions to the bankruptcy filer.   Therefore, during the meeting, most of the talking will be done by the trustee and the debtors who filed their bankruptcy case.   In some bankruptcy meetings, the debtors will not ever see the need to talk to their attorney.   Remember, it is an examination of debtors by the trustee.   Attorneys come to the bankruptcy meeting mainly only to assist in the examination and communicate legal information to the trustee.   The attorney only rarely needs to assert some kind of defense or protect the debtor’s rights in some way during the examination.

Most of the “work” of the bankruptcy meeting is already completed before attending the meeting.  All of the required documents and disclosures are presented to the Trustee before the bankruptcy meeting.   Essentially, the bulk of the review and legal work on all sides is completed before the bankruptcy meeting.    Your attorney will be at the meeting ready to assist you and represent you.   You have nothing to worry about at the bankruptcy meeting: most of the “work” is already completed.  Your attorney will be there right beside you

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