January 21, 2010

A Final Bit on the First Meeting of Creditors

San Diego Bankruptcy Attorney adds to the 341 discussion...

A San Diego bankruptcy lawyer can help you during all stages of Chapter 7 or Chapter 13, including, for instance, helping you figure out where to park. On that note, I wanted to follow up about the 341(a) hearing (aka the “first meeting of creditors”) by discussing today the local venue here in San Diego where the bulk of the hearings are held. Firstly, understand the location where the hearings are held is not in a courtroom. While the hearing is treated much the same – there is testimony under oath, you are questioned by a lawyer like you are on the witness stand, and the room is silent and solemn – there are many differences. Most importantly, there is neither judge nor bailiff (nor court reporter). The room is basically just a big conference room, with a holding area outside. Because of these differences, the place where the hearings are held can move. If a different building were to be better suited to conducting hearings or give the United States Trustees’ Office a break in rent, I suppose the current venue could readily change. For now, the hearings are taking place downtown. And while downtown San Diego is lovely, it’s still downtown. And that means parking is at a premium. There is a lot or two right across the street from the Emerald Plaza building, but it might cost you up to twenty dollars to park there for a couple hours. You might get lucky and be the first one called on the calendar for that hour, but your hearing time is not a reservation for dinner: you’ll get seated in front of the microphone when the trustee is ready for you, not when you’re done having drinks in the bar. You can take a cab or the MTS. Heck, you can get dropped off by your cousin while he goes to get a burger in the Gas Lamp. However you get there, don’t be late. You might well find yourself accidentally having had your case “continued.” Don’t worry, they’ll tell you when the date is, but it’ll slow down the receipt of your discharge by a month or so. In sum, I suppose I’m saying that getting there can be a beast, being on time is crucial, and it’s beneficial to know what you’re doing once you get there. A local San Diego bankruptcy attorney can help. As I wrote yesterday, you’ll find the process easier than you think, once it’s over, but it’s good to have someone help you get to the “now it’s over” stage.

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