Off to the Bankruptcy Meeting of Creditors You Must Go

Many times a debtor in a Chapter 7 bankruptcy case asks their bankruptcy attorney if they have to attend the Meeting of Creditors. After all, can't you as my attorney go for me? The answer is No. The debtor himself must attend the meeting.

There are many reasons for this requirement. As we try to understand this rule, it is good to keep in mind that bankruptcy is quite different from other areas of the law. Bankruptcy is a unique area of law. It is not criminal, though criminal charges could be brought against a debtor or creditor. It is not a civil lawsuit that pits one party against another. Though of course, a debtor can sue a creditor for civil type wrongs within the bankruptcy case itself.

Bankruptcy is also not a divorce court. Still it often does involve one or both spouses filing for their own bankruptcy while the divorce case is ongoing. Bankruptcy often does involve the continued operations or final shut down of businesses.

So with all of the above in mind, let us go to the next point. The next point is that the bankruptcy debtor must testify under oath both in written form and orally. The written testimony of the debtor is contained in the written bankruptcy forms that are filed with the court. The oral testimony of the debtor comes at the hearing. At the hearing the debtor is placed under oath prior to any questions and answers.

Debtors are sworn in prior to giving testimony at the Meeting Of Creditors. Attorneys are sworn in only when they are admitted to the State Bar. Afterwards they are licensed and expected to tell the truth at all times. For one of their roles is as an officer of the court. Compare that to a debtor or any other party who is expected to only represent their own interests in the legal matter before the court.

A bankruptcy proceeding has the goal of giving the debtor a fresh financial start in life. Before getting that fresh start, the debtor is expected to testify regarding the past, current, and future financial aspects of their life. Only the debtor knows that information inside and out. That information is part of the world in which the debtor has lived and struggled for a number of years prior to having to file for bankruptcy protection.

Even in a bankruptcy case a bankruptcy attorney is expected to provide legal advice and guidance. Plus, he is expected to protect and defend his client as the need may arise. Clearly the bankruptcy attorney would be placed in an untenable position if he was expected to testify and yet refuse to answer the question on his own advise. Therefore, the way to keep these two roles of debtor and bankruptcy attorney separate is to have the debtor/client appear and testify at the hearing.

Another unobvious reason for the required debtor appearance is to instill fear in the debtor once they enter in court. Of course the idea is to help "encourage" the debtor to respect the bankruptcy court and tell the truth.

The author started FilingBankruptcyNow.Com which is a website that helps individuals with debt problems by putting them in touch with a local bankruptcy attorney that specializes in filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy. Check our website for more answers to bankruptcy questions and ideas on how to have a debt free future.