WHERE IS MY "CREDITOR'S MEETING"?
(San Diego Cases only. For meetings outside of San Diego County, call (619) 741-3775 for specific instructions.)
As you know, you are REQUIRED to attend a brief hearing at the US Trustees Office. YOU MUST ATTEND or your case may be dismissed! The meeting will be held at the Emerald Plaza Hotel & Office Complex: 402 West Broadway, Sixth Floor, (Room 630) Downtown San Diego, CA 92101 (The Wyndham Emerald Plaza--with the green neon rings on top)
Please bring a pen to fill out a short checklist provided by the Trustee (located on the far wall of the waiting room; please take one when you arrive). Also, make certain you read the Trustee Information Sheet located next to the checklists. Please arrive a few minutes early. Dress is casual, and you do not need to bring anything else with you. Copies of all your paperwork will be provided to you at the meeting.
Directions: I-8 West to I-5 South, heading downtown. Exit Front Street. Turn right on Broadway. The third block/building on your right is the Wyndham Emerald Plaza. Park at any of the adjacent lots or meters and enter from the back of the building (C Street); or, enter from the front and walk all the way to the back set of elevators. Sixth Floor, down the long hallway to Room 630. I will meet you there.
NOTE: Parking is also available at Horton Plaza (4th & Broadway)3 hours free with any purchase! (Starbucks on the ground floor is the perfect choice.) Five minute walk West on Broadway to the meeting.
CREDITOR MEETING INSTRUCTIONS
After filig a bankruptcy through our office, you will soon be provided an orange paper with information regarding when and where your meeting will be held. It is important for you to carry that paper with you:it has many important items of infdormation on it: Your attorney's address and phone number, the Trustee's name, your case number, the address of your meeting and directions on how to get there.
The U.S. Bankruptcy Court has ordered all persons declaring bankruptcy to attend a Creditors Meeting pursuant to Title 11, United States Code, Section 341 (a). This Meeting is a requirement in order for the Court to consider the discharge of your debts.
There are certain issues you should be aware of at the meeting:
1.) The meeting does not conclude your bankruptcy;
2.) There is no requirement of your creditors to attend the meeting. In fact, most creditors do not attend;
3.) The Trustee is not a Judge - his function is basically threefold:
A.) To review your Petition, Schedules and Statements and conduct an examination under oath to determine if any non-exempt assets are available for liquidation to address claims of your estate;
B.) To review your Schedule I and J (income and expense schedules), conduct an examination under oath to verify your income and expenses, and determine if any net disposable income exists to fund a Chapter 13 reorganization; and,
C.) To refer any indicators of criminal conduct to the United States Trustee/Attorney for further investigation.
You will be testifying under penalty of perjury. The penalties of perjury are, generally, five (5) years imprisonment and/or $500,000 in fines.
If you have not already fully read and reviewed your Petition, Schedules and Statements, you must do so prior to being called by the Trustee. You will be asked, under oath, to verify you have done so. This applies also to joint debtors, i.e., each must have read all documents filed with the Court, not simply one who directed the other to sign. You will also be asked to verify that you have read the Trustee Information Sheet, which is available on the far wall of the waiting room at the Trustees office.
You will also be required to complete a Questionnaire, again under penalty of perjury, for presentation to the Trustee at the commencement of your examination. You should review these questions carefully and ensure your attorney has signed the Questionnaire verifying your understanding of all questions.
Please relax - the Trustee understands your nervousness in this proceeding. If you are unsure of how to respond to any inquiry you should communicate that to the Trustee, who will allow you sufficient time to confer with your counsel before responding.
Your responses will be recorded. Please speak up so that an audible record will result in the event a future review of the Meeting is necessary.
Finally, you should be in the Meeting Room (not the Waiting Room) at the hour your Notice indicated your Meeting is to be conducted. You will not be called from the waiting room.
If you have ANY questions or concerns, please call me at (619) 741-3775.
-- Dave Pomeranz, Esq.
LEGAL DISCLAIMER Nothing contained herein should be construed to constitute advice for your personal circumstances. This document is intended as an overview of the various options available, but by no means is this a comprehensive or exhaustive analysis of bankruptcy law. Whether or not you should file a bankruptcy will vary depending on your personal circumstances and should only be undertaken after careful consideration and analysis, and after consultation with a professional. This informative summary may contain information and rules peculiar to the Southern District of California.