Jacksonville Bankruptcy Lawyer Blog

Jacksonville Bankruptcy cases are a matter of public record. That means that anyone who wants to know whether someone has filed for bankruptcy can look it up. That being said, unless they're already setup to do so, it's not the easiest system to access. They have to use a credit card to sign up for the court docket service and must page $0.8 per page (changes depending on where they are) to view documents and search. If they don't know the debtor's social security number, this search can be difficult if not impossible, especially if they're looking for a common name such as, "John Smith". If they do find your case filing, they will not be able to view everything as some documents are kept private.
People who will get notice of a case filing are those to whom the debtor owes money, those with whom the debtor owes money, the debtor's lawyer and the trustee appointed by the court.
Everyone who files for bankruptcy is required by 11 USC §341 to attend a hearing called a "341 Hearing", it's easy to see where it gets it's name. This hearing is public, but is generally attended by only lawyers and other people filing for bankruptcy. There is a chance that a debtor could run into someone they know at a 341 hearing, but unless that person was a lawyer, they're almost definitely declaring bankruptcy as well.
People with access to the debtor's credit report will know whether they've filed. So, if a debtor rents at a large apartment complex, it's possible that the management will find out they filed. There is also an option for those in Chapter 13 to have the court enter an income deduction order which requires an employer to transfer a portion of the debtor's paycheck directly to the Chapter 13 Trustee. Obviously, the employer and anyone involved in payroll would know if someone filed.
If someone is considering filing for bankruptcy protection but is concerned about who may discover that they've filed, they should try to think of anyone they know who isn't famous who has filed for bankruptcy and ask themselves how they found out about that person's filing. Nine times out of ten, I'd bet it was because the person who filed told them directly or told someone else who spread the news. It is very rare outside the legal community that anyone looks up the court records of another person.
If you are considering bankruptcy and would like to know more about the privacy of the process, contact a Jacksonville Bankruptcy Attorney or call us at (904) 685-1200 for a free consultation.

While most debtors need only attend a single 341 hearing, Middle District Courts are now requiring that Pro Se debtors attend a hearing appraising them of their rights in respect to reaffirmation agreements if they are to be enforceable.
A reaffirmation agreement is a proposal to re-enter into a contract once a bankruptcy has ended, often with the same terms as the original agreement. Most often it functions to allow people to keep a financed car through a bankruptcy.
When people file for bankruptcy and have an attorney, their attorney appraises them of their rights and obligations when it comes to a reaffirmation. However, there are rare occasions when people attempt to file bankruptcy on their own or with a petition preparer (a non-lawyer who helps fill out forms but cannot give advice). When this happens, the Court has now ruled in In re Pitts, that an official hearing must occur at which time the Court will inform the debtor of their rights and obligations under the reaffirmed agreement. If this hearing does not occur, then the reaffirmation agreement will be deemed unenforceable.

If you want to file a bankruptcy and wish to reaffirm a debt, contact a Jacksonville Bankruptcy Attorney or call us at (904) 685-1200 for a free consultation.

If you file for Chapter 7 or Chapter 13 bankruptcy, you must attend a 341 Meeting of Creditors at the federal courthouse. This is a hearing with the trustee, and any creditors are invited to attend, though usually they decline to. You will be put under Oath and asked to produce a photo I.D. and social security card. Then the trustee will ask you some questions. Here are some sample questions that a trustee might ask.

1. Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?

2. Are all of your assets identified on the schedules?

3. Have you listed all of your creditors on the schedules?

4. Have you previously filed bankruptcy?

5. What is the address of your current employer?

6. Is the copy of the tax return you provided a true copy of the most recent tax return you filed?

7. Do you have a domestic support obligation? To whom? Please provide to me the claimant's address and telephone number, but do not state it on the record.

8. Have you made any transfers of any property or given any property away within the last one year period?

9. Do you have a claim against anyone or any business?

10. Does anyone owe you money?

11. Do you own an automobile?

12. If you do not own an automobile, how do you get around?

The questions that the trustee will ask you will most likely pertain to your specific circumstance, as outlined in your schedules. Your bankruptcy attorney will attend with you, so if you do not know the answer to a question or are confused, your attorney will be able to help you. It is important, as when filing, to be honest in your answers. The 341 Meeting usually only takes around 10 minutes per person. To contact a Jacksonville Bankruptcy Attorney today for a free consultation, call 904-685-1200.

In the majority of Florida bankruptcy cases including those in Jacksonville bankruptcy court, debtors do not have to appear in court for every hearing. However, debtors do have to attend a proceeding called the "meeting of creditors" or a "341 meeting". At this meeting the debtor meets with the Florida bankruptcy trustee and any present creditors (who rarely attend). In Jacksonville the trustee and any present creditors ask the debtor a few questions about the financial documents the debtor filed with the court. The process takes just a few minutes and is normally pain-free if you are prepared for the questions and have discussed your answers with a Jacksonville Bankruptcy Lawyer.

The only time the debtor may have to appear in court is if a creditor or the bankruptcy Trustee files a motion or an adversary action, or if the debtor's Jacksonville Bankruptcy Lawyer chooses to dispute a debt.

Normally these hearings are not included in a standard bankruptcy fee and you should discuss the costs with your Jacksonville Bankruptcy Lawyer.

Should you be considering bankruptcy contact a Jacksonville Bankruptcy Lawyer today to schedule a free consultation.

In Jacksonville when someone files for bankruptcy, they must attend a 341 Meeting of Creditors. This is a meeting at the federal courthouse where the creditors in your Florida bankruptcy case get a chance to show up and speak regarding their claims in your case. Most of the time, creditors do not show up to the meeting, and it is just you, your Jacksonville bankruptcy attorney, and the trustee. In Jacksonville the trustee will ask you questions regarding your case.

Some sample questions include: Does anyone owe you money? Do you expect to inherit any property in the next six months? Do your bankruptcy schedules list all of your personal property? Have you previously filed for bankruptcy? What is the address of your current employer? Do you have any domestic support obligations? The trustee will also ask to see your driver's license and social security card.

Though it can seem intimidating, the 341 meeting of creditors is not all that bad if you and your Jacksonville Bankrupcty lawyer property prepare for the meeting. The total time you will be talking with the trustee is approximately 5-10 minutes. If you are nervous, get to the courthouse before your scheduled time and watch some of the 341's before yours. You are allowed to do this. That will give you an idea of what to expect and will calm your nerves a bit. If there were to be any problems with your case, your Jacksonville bankruptcy attorney would know how to handle it and can work out almost any problem with the trustee. Contact us today at 904-685-1200 for your free bankruptcy consultation.

The 341 Meeting is one of the first hearings that happens in a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. The 341 Meeting is a meeting with the judge and trustee where you will be asked a series of questions pertaining to your Jacksonville Bankruptcy petition. You must attend the 341 Meeting. If someone told you that you need not attend, they are probably misinformed.

This is an important part of all Jacksonville Bankruptcy proceedings and it is very important that you attend this meeting. At the 341 meeting, you'll answer several questions. The questions may differ slightly, but generally the court will ask you to explain how your debt situation evolved, what actions you've taken with your property, and the status of other financial information. You must answer these questions truthfully if you want your Jacksonville Bankruptcy petition to be successful.

With a Bankruptcy in Jacksonville Florida, The 341 Meeting takes place at the federal courthouse and can be intimidating if you do not know what to expect. You may want to get to the courthouse early in order to watch some other 341 hearings before yours; this will let you become comfortable with the environment and the questions that you might be asked. Not all 341 proceedings are the same (each debtor has different creditors who may or may not attend); however, if you feel uncomfortable, you have the right to an Jacksonville Bankruptcy Lawyer at your 341 hearing. Contact a Jacksonville Bankruptcy Attorney today to discuss any questions you might have.

A new law that came out in 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act, requires consumers that file for bankruptcy to complete credit counseling within the 6 months prior to filing. This is a program that can be done online, in person, or over the phone. You can search the Internet for a provider. Also, there is usually a free course given once per month at the Federal Courthouse. Once you have completed the course, the provider will email or fax a Certificate of Credit Counseling to your Jacksonville bankruptcy attorney. Your The date you completed your credit counseling must be before your petition is filed.

There is also a second education requirement when filing bankruptcy, the Certificate of Debtor Education. This is very similar to the credit counseling but this one must be done after you file your bankruptcy. You must fulfill this requirement before the court will grant you a discharge. So for a Chapter 7, the debtor education must be completed within 60 days of your 341 meeting of creditors. For a chapter 13, the debtor education requirement must be completed before the last payment under your Plan is due, so this could be up to five years.