The Meeting of Creditors is no big deal. I know it’s scary to go into a strange office building in Phoenix, sit in front of a stranger, and pour over your life’s details. But bear in mind that this isn’t going to be like an episode of Law & Order.
You will be worried about what will happen.
Will you be put on the spot to explain yourself?
Who else will be there?
Will any you know see you?
Will creditors show up and embarrass you?
Will you answer the questions right?
Will you be too nervous to do a “good” job of testifying?
Knowing exactly what to expect might make things a little easier.
First off, you need to know how to get there. The Phoenix Bankruptcy Court is located at 230 North First Avenue. I can’t really give you directions since my clients are as likely to live in Peoria, Glendale, or Avondale as they are to live near my office in Mesa, Tempe, or Chandler.
Get the map from MapQuest or Google Maps and print it out a couple of days before your hearing. It will be one less thing to worry about.
Leave lots of extra time to get there. It seems that they are always tearing up the streets around the Courthouse.
Parking is a challenge in downtown Phoenix. After the Oklahoma federal building bombing there’s no parking allowed next to the Court building. There are two parking garages that you can use. One is at the southeast corner of Van Buren and First Avenue. The other is at the northeast corner of Second Avenue and Van Buren.
I wouldn’t use either of them.
Instead, park on the street on Second Avenue north of Van Buren. It will be faster and cheaper. Until now I don’t think anyone knows about these spaces. There are a lot of them though. Bring a couple dollars in quarters for the meter. There is no free parking near the Courthouse.
The building is located on the west side of First Avenue between Monroe and Van Buren. It takes up the whole block. There is only one way into the building through the entrance facing First Avenue.
You will need to go through security. Pack light and it will be faster. Don’t bring your pocket knife, mace, or handgun. If you do, they will be taken from you and you’ll be able to pick them up on the way out.
You will be going to Room 102. After you get through security walk straight through to the end of the lobby and take the hallway to the right. It’s the only one. Room 102, the Bankruptcy Trustee’s Hearing Room will be to your left about three quarters of the way to the end of the hall. There will be a sign letting you know you are in the right place.
When you enter the room you will see a few rows of chairs. This is a waiting room. There will probably be a handful of lawyers waiting to meet there clients plus a few people waiting for their case to be called. Either Trucly or I will meet you there about 15 minutes before the hearing.
Instead of gossiping with the other bankruptcy lawyers, I will want to sit with you and make sure that you understand exactly what to expect. I will go over the questions that you will be asked and discuss with you anything I expect the bankruptcy trustee will be interested in. I will let you know about the trustee’s personality and how they conduct themselves. They can be very intimidating. They are also professional and fair.
As we wait for our case to be called we can discuss any questions you have. It might take a while. It is not unusual for the hearings to be running 30 to 60 minutes behind schedule, especially if your case is scheduled in the afternoon. As we wait you will probably hear a couple of lawyers announce a few names of people they are looking for. These are the TV lawyers looking for their clients that they have never met. You won’t have to worry about that. It will either be me or Trucly who will walk you through this and we will know every detail of your case.
Once it our turn to go into the bankruptcy hearing room we will file in with five to ten other people who are there for the same thing. The cases will be individually called in the same order they were filed with the Court. Unless we are first on the schedule, you will get to see some other cases go through the process. This can be good or bad.
It is not unusual for the Trustee to continue a case because financial documents were not provided to the Trustee ahead of time. Some lawyers leave that responsibility to their clients and either none of the documents have been provided or some are missing. We won’t let that happen to you. We will make sure that we have provided everything the Trustee needs well ahead of the hearing date.
Some of the people will be asked detailed questions about their filings. The Trustee may find that important information has been left out or is inconsistent with the financial records provided. You will not need to worry about this. Part of my job is to go through everything in the case just like the Trustee will. My goal is to make sure that all the Trustee’s questions are already answered before he has a chance to ask them. We meet that goal virtually every time.
Some people will have their case continued because they forgot to bring their photo identification and proof of the social security card. We will make sure that you get several reminders about this.
Most of the cases you will have a chance to see will be well prepared and will go smoothly. These are the ones that I want you to see. It is just a handful of questions to establish that you have been honest in listing all of your property and creditors.
When it is our turn you will need to sit at the table next to the trustee. I will sit next to you. This is the part that you have to tough out. There is only one thing you need to do. Answer the questions honestly. If you start getting off track, I will speak up and guide you. Once the trustee has completed his questions, he will ask if any creditors are there. There almost never are. Then we are free to go.
I probably won’t have any other cases after yours. I don’t run a high volume firm. I will walk out with you to discuss what just happened. You will be relieved. There may be a few items we need to follow up on. I will describe what happens next in the case.
You just completed the most nerve racking part of your case.
