Dear Sir/Madam,
The Court has set ___, on the THIRD FLOOR, 211 West Fort Street, downtown Detroit, as the time and place for your Creditors' Meeting. YOU MUST BRING YOUR DRIVER'S LICENSE, OR OTHER PICTURE ID, AND YOUR SOCIAL SECURITY CARD.
PLEASE PLAN ON ARRIVING 30 MINUTES EARLY, AS, IF YOU ARE ONE MINUTE LATE, AND YOUR CASE IS CALLED, IT MAY NOT BE RECALLED, AND YOU WILL HAVE TO COME AGAIN.
Please dress appropriately and CALL MY OFFICE TO CONFIRM THAT YOU HAVE RECEIVED THIS LETTER and will attend.
The balance of your attorney fees, __, is due at that time.
WHAT WILL HAPPEN AT THE HEARING?
You will be sworn in by the Trustee. There is no Judge at this hearing.
You will be asked to state your name and complete address, if you reviewed all the information in the papers we filed, is it true and accurate, did you leave anything off, did you put anything on that is inaccurate or false, did you review the U. S. Trustee information sheet, have you ever filed bankruptcy before?
The Turstee will then ask if any creditors are present. Probably not, as they receive the notice and then most of them close their file.
The Trustee will then ask his or her questions, about your income and assets, payments to relatives in the last year, and so on.
As always, your answers must be truthful. If you do not know, you do not know.
If you do not remember, you do not remember.
Do not feel you must say something just because you are there.
If you do not understand a question, say so.
NO GUESSING!
I will be seated next to you and will try to make things go smoothly.
This is a discovery proceeding, you can be asked any question that has anything to do with your finances. I will object if the question is inappropriate; that has happened less than five times in more than 28 years.
YOU MUST BRIND COPIES OF THE FOLLOWING, IF YOU HAVE THEM:
ALL YOUR VEHICLE TITLE, INCLUDING BOATS AND MOBILE HOMES
WAGE STUBS, TAX RETURNS AND OTHER PROOF OF EARNINGS
CANCELED CHECKS, PAID BILLS, OR OTHER PROOF OF EXPENSES,
ORIGINALS OF BANK BOOKS, CHECK REGISTERS, BONDS, STOCK CERTIFICATES, BANK, BROKERAGE AND CREDIT CARD STATEMENTS
LEASES
Recorded copies of MORTGAGES, DEEDS AND LAND CONTRACTS,
If you do not have them, you can get them from the County Register of Deeds, some of the counties have their records online.
The front page of the mortgage, showing it was recorded, is sufficient.
LIFE INSURANCE POLICIES OWNED BY YOU OR INSURING YOUR LIFE,
PROPERTY TAX STATEMENTS, ASSET APPRAISALS, COPIES OF DIVORCE JUDGMENTS.
If you are keeping your house, keep making the mortgage payments, whether you have a coupon book or other statement from the mortgage company.
If you have a vehicle yo are keeping, continue the payments, keep insurance, no matter what paperwork the creditor give or witholds from you.
There are a few matters I would like to confirm that I have mentioned:
1. Under Chapter 7, there are grounds for objection to and denying you a discharge to all your debts, such as: a) commission of a criminal bankruptcy offense at any time in any bankruptcy proceeding,
b) Failure to keep or preserve books or records showing financial condition and business transactions
c) Knowingly and fraudulently making a false oath
d) Fraudulent conveyance or concealment of property in the year before you filed bankruptcy
e) Refusal to obey a lawful Order of the Court or to answer a material question approved by the Court
f) Failure to satisfactorily explain any loss or deficiency of assets, and,
g) Discharge in bankruptcy or confirmation of an arrangement or wage earner's plan during the six year period following the filing of the petition
2. A discharge will not relieve you of the following obligations:
a)Certain taxes, federal, state and local
b) Alimony, support and property settlement payments
c) Most student loans
d) Liability as the result of a judgment or consent decree as the result of operating a vehicle while intoxicated
e) Liability for willful and malicious injury to the person or property of another
f) Liability for obtaining money or property by false pretense or representations and
g) For fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny
3. If you receive an inheritance, insurance settlement or property settlement within 180 days after you file a petition for relief then it must be reported to the Court within ten days and it becomes property of the Bankruptcy estate, belonging to the Trustee
4. You are prohibited by law from disposing of your property except in the ordinary course of business, unless you have received prior authorization by Order of the Bankruptcy Court. You must not deliver any such property to any entity except upon Order of the Bankruptcy Court.
5. Safeguard and do not destroy any business records.
YOU MUST COMPLETE ANOTHER CREDIT COUNSELING SESSION BEFORE YOUR CASE IS FINISHED GET BACK TO www.hbcce.org for the post-petition counseling, and contact my office to verify that you have completed it.
IF YOU DO NOT COMPLETE THIS BY THE HEARING DATE, YOU WILL BE RESPONSIBLE FOR ANY COST OF HAVING TO RE-OPEN YOUR CASE TO FILE THE CERTIFICATE OF COMPLETION LATER, WHICH WILL INCLUDE $260.00 FILING FEE TO THE COURT.
More information on the hearing available here.