Tuesday September 07 , 2010

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What happens during the 341(a) hearing?

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Jan 17 |16:17 PM
Your court hearing is an informal setting where you sit before the Trustee and are asked a series of questions.  You will be sworn in under penalty of perjury and will not be meeting with a Judge.  If you need a translator, you must bring this person with you. Your translator must be at least 18 years old and a non-family member.  Please come dressed in business-casual attire.
 

Where do I go for my hearing?

administrator

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Jan 17 |16:16 PM
Your hearing will be held in the Federal Court closest to where you reside.  It will likely be in San Diego, Santa Ana, Riverside or Los Angeles, depending on your address.  We will know the exact location, day and time of your hearing the day we file your case.
 

What happens after my case is filed?

administrator

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Jan 17 |16:16 PM
About 30-40 days after your case is filed, a court hearing takes place - the 341(a) hearing or “meeting of creditors”.  It is imperative that you are present for this hearing; the Trustee may dismiss your case if you are not present and on-time.  Your attorney will be there to represent you.
   

When am I protected from creditors, lawsuits and threat of garnishment?

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Jan 17 |16:15 PM
When your case is filed with the Bankruptcy Court, an automatic stay goes into affect.  From that day forward, creditors can not collect from you, initiate any legal action or contact you in any way.  If you are being garnished, the garnishment ends once your case is filed.  Remember, a case can not be filed until all fees have been paid in full.
 

Can I file for bankruptcy jointly with someone other than my spouse?

administrator

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Jan 17 |16:14 PM
No. Joint petitions can only be between spouses.  The law is quite unclear about same sex marriages, but generally speaking, same sex couples would be filing separate petitions.
   

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