Trustee

What happens when I meet the trustee?

Every bankruptcy case has a Meeting of Creditors, often called the “341 meeting.”  It occurs about 30 to 45 days after the petition is filed.  My clients often tell me that they are scared of the meeting: will they need to explain why they filed bankruptcy?  What if they say the wrong thing?  What if […]

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Disclosing information

Attorneys often try to hide a client’s information, and disclose as little as possible about the client. This strategy sometimes has comical effects, as in this exchange I heard in a deposition: “Q:       Do you remember where the main office for Gas del Lagarto  was located? A:         Even though I was the officer and president […]

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Where can you file a bankruptcy case?

I had a client who lived in Europe – Luxembourg, of all places.  He went there because his business ventures in the US were going bad, so he took time away from this country.  His wife was a national of Luxembourg, so he moved his whole family to a house in the shadow of his […]

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Who is the Bankruptcy Trustee?

When you file a bankruptcy, you no longer own your own goods. They pass into a bankruptcy estate owned by a trustee, who is supposed to act for the good of your creditors. This means that a debtor generally does not have the right to sell his own assets between filing bankruptcy and getting a […]

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Bankruptcy and the self-employed worker

Self-employed persons face special challenges in filing bankruptcy. When I hear that a potential debtor has a business, a slew of questions come up: is the business incorporated, a partnership, or a sole proprietorship? Does the debtor want to reorganize and continue, or just let the business fold? Is the business a service business catering […]

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