FLINT BANKRUPTCY SERVICE ARE OFFERED BY FLINT BANKRUPTCY LAWYER TERRY BANKERT 235-1970
Duty to Attend Flint Bankruptcy Hearings and Creditors’ Meetings
The Flint Bankruptcy debtor must attend and submit to examination under oath at the meeting of creditors held in their Flint Area bankruptcy case. 11 USC 343.
A meeting with the Bankruptcuy Trustee must be held not less than 21 days or more than 40 days after a case is commenced for Chapter 7 liquidation or Chapter 11 reorganization cases, not less than 21 days or more than 35 days after a case is commenced for Chapter 12 family farmer or fisherman debt-adjustment cases, or not less than 21 days or more than 50 days after a case is commenced for Chapter 13 individual debt adjustment cases. See Bankruptcy Rule 2003(a).
The meeting may be held as late as 60 days after the case is commenced if it is held at a place not regularly staffed by the trustee. Id. The meetings may be held in the courtroom, although the Flint Bankruptcy judge will not attend the meeting, or at some other location designated by the U.S. trustee. 11 USC 341; Bankruptcy Rule 2003.
All the creditors the Flint Bankruptcy debtor has listed on his or her schedules and filed with the court must receive written notice that includes the date, time, and place of this meeting.
Remember that the Flint Bankruptcy debtor’s attendance at this meeting is mandatory and will be excused only under extraordinary circumstances. See, e.g., In re Owens, 221 BR 199 (Bankr WD Tenn 1998).
If the Flint Bankruptcy judge to whom your client’s case has been assigned elects to hold a discharge Flint Bankruptcy Hearing, your client is obliged to attend. 11 USC 521(a)(5), 524(d).
The Flint / Genesee BankruptcuTrustee
Appointment
In Chapter 7, 12, and 13 cases, the U.S. trustee appoints a trustee to administer the assets of the Flint Bankruptcy debtor for the benefit of creditors. 11 USC 323. Promptly after the order of relief is entered in a Chapter 7 case, the U.S. trustee selects an interim trustee, who will continue to serve as trustee unless a different one is elected at the meeting of creditors. 11 USC 701, 702. The appointed trustee must file a bond with the court to ensure the faithful performance of his or her statutory duties. 11 USC 322(a); Bankruptcy Rule 2010.
The court does not automatically appoint a trustee in Chapter 11 cases. Instead, the Flint Bankruptcy debtor-in-possession is charged with the responsibility of administering the estate.
However, if sufficient cause exists, the court may displace the Flint Bankruptcy debtor-in-possession by appointing a trustee. In this context, cause includes fraud, dishonesty, incompetence, or gross mismanagement. 11 USC 1104(a)(1). Bankruptcy Rule 2007.1 was amended to implement 11 USC 1104(b) and allows creditors (within 30 days after the court orders the appointment of a trustee) to request a meeting to elect a disinterested person as the trustee in a Chapter 11 case. Bankruptcy Rule 2007.1(b). Notice of this meeting must be given in accordance with Bankruptcy Rule 2002.
In Chapter 12 and 13 cases, the U.S. trustee will normally appoint a standing trustee to administer cases that are venued in certain counties in the judicial district.
Duties
The trustee in Chapter 7 cases may operate the Flint Bankruptcy debtor’s business, but only if the court permits. 11 USC 721. The Chapter 7 trustee’s primary duty, however, is to reduce all nonexempt property to cash as quickly as possible and distribute the money to creditors. 11 USC 704(a)(1). The trustee must also see that the Flint Bankruptcy debtor performs his or her stated intentions regarding the collateral securing individual consumer debts. 11 USC 704(a)(3). The remainder of a Chapter 7 trustee’s duties are specified in 11 USC 704 and Bankruptcy Rule 2015(a).
Chapter 12 and 13 trustees are primarily responsible for analyzing proposed payment plans and ensuring that Flint Bankruptcy debtors comply with the terms of their confirmed plans, especially the payment provisions. Unlike trustees in Chapter 7 cases, Chapter 12 and 13 trustees will normally not liquidate the Flint Bankruptcy debtors’ assets. Rather, these trustees will distribute to creditors monies that the Flint Bankruptcy debtors are required to pay in accordance with their confirmed plans. In Chapter 12 cases, however, if a Flint Bankruptcy debtor-in-possession is removed for cause under 11 USC 1204(a), the standing trustee will step in and operate the Flint Bankruptcy debtor’s farming or fishing business. See §10.87.
The trustees in Chapter 7, 11, 12, and 13 also have certain monitoring and reporting requirements with respect to domestic support obligations. 11 USC 101(14A), 11 USC 704(a)(10) and (c)(10), 11 USC 1106(a)(8) and (c), 11 USC 1202(b)(6) and (c), and 11 USC 1302(b)(6) and (d).
FLINT BANKRUPTCY SERVICE ARE OFFERED BY FLINT BANKRUPTCY LAWYER TERRY BANKERT 235-1970, http://www.attorneybankert.com
Duty to Attend Flint Bankruptcy Hearings and Creditors’ Meetings
The Flint Bankruptcy debtor must attend and submit to examination under oath at the meeting of creditors held in their Flint Area bankruptcy case. 11 USC 343.
A meeting with the Bankruptcuy Trustee must be held not less than 21 days or more than 40 days after a case is commenced for Chapter 7 liquidation or Chapter 11 reorganization cases, not less than 21 days or more than 35 days after a case is commenced for Chapter 12 family farmer or fisherman debt-adjustment cases, or not less than 21 days or more than 50 days after a case is commenced for Chapter 13 individual debt adjustment cases. See Bankruptcy Rule 2003(a).
The meeting may be held as late as 60 days after the case is commenced if it is held at a place not regularly staffed by the trustee. Id. The meetings may be held in the courtroom, although the Flint Bankruptcy judge will not attend the meeting, or at some other location designated by the U.S. trustee. 11 USC 341; Bankruptcy Rule 2003.
All the creditors the Flint Bankruptcy debtor has listed on his or her schedules and filed with the court must receive written notice that includes the date, time, and place of this meeting.
Remember that the Flint Bankruptcy debtor’s attendance at this meeting is mandatory and will be excused only under extraordinary circumstances. See, e.g., In re Owens, 221 BR 199 (Bankr WD Tenn 1998).
If the Flint Bankruptcy judge to whom your client’s case has been assigned elects to hold a discharge Flint Bankruptcy Hearing, your client is obliged to attend. 11 USC 521(a)(5), 524(d).
The Flint / Genesee BankruptcuTrustee
Appointment
In Chapter 7, 12, and 13 cases, the U.S. trustee appoints a trustee to administer the assets of the Flint Bankruptcy debtor for the benefit of creditors. 11 USC 323. Promptly after the order of relief is entered in a Chapter 7 case, the U.S. trustee selects an interim trustee, who will continue to serve as trustee unless a different one is elected at the meeting of creditors. 11 USC 701, 702. The appointed trustee must file a bond with the court to ensure the faithful performance of his or her statutory duties. 11 USC 322(a); Bankruptcy Rule 2010.
The court does not automatically appoint a trustee in Chapter 11 cases. Instead, the Flint Bankruptcy debtor-in-possession is charged with the responsibility of administering the estate.
However, if sufficient cause exists, the court may displace the Flint Bankruptcy debtor-in-possession by appointing a trustee. In this context, cause includes fraud, dishonesty, incompetence, or gross mismanagement. 11 USC 1104(a)(1). Bankruptcy Rule 2007.1 was amended to implement 11 USC 1104(b) and allows creditors (within 30 days after the court orders the appointment of a trustee) to request a meeting to elect a disinterested person as the trustee in a Chapter 11 case. Bankruptcy Rule 2007.1(b). Notice of this meeting must be given in accordance with Bankruptcy Rule 2002.
In Chapter 12 and 13 cases, the U.S. trustee will normally appoint a standing trustee to administer cases that are venued in certain counties in the judicial district.
Duties
The trustee in Chapter 7 cases may operate the Flint Bankruptcy debtor’s business, but only if the court permits. 11 USC 721. The Chapter 7 trustee’s primary duty, however, is to reduce all nonexempt property to cash as quickly as possible and distribute the money to creditors. 11 USC 704(a)(1). The trustee must also see that the Flint Bankruptcy debtor performs his or her stated intentions regarding the collateral securing individual consumer debts. 11 USC 704(a)(3). The remainder of a Chapter 7 trustee’s duties are specified in 11 USC 704 and Bankruptcy Rule 2015(a).
Chapter 12 and 13 trustees are primarily responsible for analyzing proposed payment plans and ensuring that Flint Bankruptcy debtors comply with the terms of their confirmed plans, especially the payment provisions. Unlike trustees in Chapter 7 cases, Chapter 12 and 13 trustees will normally not liquidate the Flint Bankruptcy debtors’ assets. Rather, these trustees will distribute to creditors monies that the Flint Bankruptcy debtors are required to pay in accordance with their confirmed plans. In Chapter 12 cases, however, if a Flint Bankruptcy debtor-in-possession is removed for cause under 11 USC 1204(a), the standing trustee will step in and operate the Flint Bankruptcy debtor’s farming or fishing business. See §10.87.
The trustees in Chapter 7, 11, 12, and 13 also have certain monitoring and reporting requirements with respect to domestic support obligations. 11 USC 101(14A), 11 USC 704(a)(10) and (c)(10), 11 USC 1106(a)(8) and (c), 11 USC 1202(b)(6) and (c), and 11 USC 1302(b)(6) and (d).
FLINT BANKRUPTCY SERVICE ARE OFFERED BY FLINT BANKRUPTCY LAWYER TERRY BANKERT 235-1970, http://www.attorneybankert.com
