Any Creditors Ever Show Up?

[SecondChanceGal]

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[HHM]

Generally speaking, only time a creditor shows up at a 341 is if they are thinking about disputing the discharge of their debt (i.e. purchase of luxury items within 6 months of filing, large balance transfers between cards within 6 months of filign etc). But even in those cases, it is still 50/50 whether the creditor will actually show-up to the 341.

I wouldn't lose too much sleep worrying about if a creditor will show to 341, they rarely come, and even if they do, all they will do is ask questions, and you need to simply answer honestly (after all, you will be under oath).

[desperation]

None of mine did, and to the best of my knowledge I had 13 creditors with the opportunity.

I understand Sears can be a bear at 341's, and that they almost always show up. My Dad went Bk a few years ago, and Sears showed up for his, but he was only asked how he was doing, and the Sears legal rep told him they were there for someone else. I didn't have a Sears credit line when I filed so I can't really back it up, but that's what I hear.

As far as legitimate reasons they could and might show is if you had any "luxury purchases" in the last 90 days or if you went on a shopping spree to max out the card knowing you would file. Things like going out and maxing your card for a widescreen tv, or jewelry. I've been told these are the things they look for.

There definitely are those on this board with more knowledge than me on this. This is just my two cents for what it's worth.

Wish you well

[worried in nc]

dont loose any sleep on that one

[Ryersonhead]

I am not an expert, however according to my research etc......
more and more creditors are showing up at 341 meetings.
They have attorneys on retainers in many districts now and these attorneys often represent several clients. In other words Chase, Discover, Citi may all use this one firm.
Also, they may challenge not only when you made the cash advance/purchase,
but how soon you sought counsel after the transaction.
You may have filed BK well after 90 days, but you may have sought counsel sooner.

Then again this is Middle District in Orlando Fla, one of the biggest in the country.
We saw numerous creditors show up for chap 7 and 13.
And now due to the Florida $4000.00 auto exemption law passed this month, the courts are swamped!

[wayne-o]

I am in a chapter 13 and had two show up. One was for the mortgage company wanted to make sure the arrears were taken care of and the other one was from Chrysler financial and I had to show that I had insurance on the car that I was keeping and continuing to pay on.

On the Sears note, they sold their credit operations to citibank a few years ago, so I wouldnt worry about them either.

Its been almost 3 years, since I filed, but I think I received a copy of a notice of appearance for both the creditors that showed up.

[lrprn]

We're in Ch 13, had about 30 creditors, including Sears - not a single creditor showed up.

We watched several hours of 341s before ours and saw probably 30 different cases. During that whole time we saw only one creditor show up for one case with his lawyer in tow. It was a personal business loan that the creditor felt his business partner who was filing was trying to discharge fraudulently.

As HHM said, the key is knowing that your chances of having a creditor show up are very low. If a creditor does show, you simply answer their questions honestly volunteering no additional information.

[manglicmot]

I saw a creditor show up at the 341 for a woman who had a mortgage. After the questioning I was able to figure out why he showed up. He came because she didn't disclose all of her income in her filing. She only included salary and left out the bonus money which was actually most of her income. In order to hide it she, and her attorney, only provided two months worht of paystubs. It came out during the questioning that she gets her bonus every three months. The creditor told the trustee that a filing requires a six month lookback period, so her attorney said the would get the rest of her paystubs.

The lesson learned there is to disclose everything because the creditors can read the filing and see if you are providing different info than what you provided them, and in this case that could easily see that she was trying to hide bonus money. Her 341 was continued.

[Annika]

The only creditor of ours that showed up was the local bank where our truck was financed. We were going to reaffirm the loan anyway (only had 3 payments left, and our account was current), so the bank rep brought the papers to the 341 meeting, and we just signed them right there. We shook hands afterwards, and thanked each other. No big deal at all.

There was another lady in the room with us who had a creditor show up. I believe the creditor was her ex-landlord, best as I could tell. The trustee looked over the lady's paperwork, and could see that she had no assets. He basically said her creditor was out of luck.

We showed up about 1-1/2 hours early, and those were the only two creditors that I saw.

[CATCHMEIFYOUCAN]

Sears showed up when I filed in 1992 they were asking me about some stereo equipment I purchased, I just told them I had sold it in a Garage sale, and they asked if I knew who I sold it too, I told them I have no clue it was a long time ago and they left it alone. They also asked if I would settle for less, I told them whats the point of filing Bk if I settle - even it is for less, my credit is still shot.

But this time around, no creditors showed up, and I did not have a Sears Card.

Best of Luck, CMIYC

[HHM]

Since we have been receiving a lot of questions lately on this subject, I posted an FAQ about creditors attending the 341

http://bkforum.com/showthread.php?t=15591

[$$only4ever]

None of my creditors showed at the 341 meeting. There were creditors there but they were there because a business had filed bankruptcy. A previous poster said that Chrysler Financial showed up to their meeting, but they did not show up at mine. I just had to submitted proof to my attorney that I had insurance on the vehicle.