Wednesday, October 22, 2025
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A close-up view of a severe collision between two cars, illustrating the financial damage and liability from a car accident that often requires driver's license reinstatement after bankruptcy.
Bankruptcy

Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?

Alexander Hernandez 5 min read
A gavel rests on a bankruptcy petition form, including the check-box for Chapter 13 bankruptcy, symbolizing the judicial complexity of filing bankruptcy without a lawyer.
Bankruptcy

The 2% Gamble: Why Chapter 13 Bankruptcy is Not a DIY Project

Alexander Hernandez 7 min read
Red blocks spelling DEBT with gold coin stacks increasing underneath a sharp red upward arrow, signifying rising financial obligation and debt surge leading to an increase in bankruptcy filings.
Your Wallet

Bankruptcy Filings Surge in 2025: What the Numbers Reveal About Economic Stress

Alexander Hernandez 2 min read
Tow truck (Repo Man) repossessing a car, symbolizing Chapter 7 car surrender and auto loan deficiency when it applies to filing for bankruptcy.
Bankruptcy

Chapter 7 Bankruptcy: When to Surrender Your Car

Alexander Hernandez 5 min read
Professor's Guide to Bankruptcy Schedule G Executory Contracts and Leases Form
Bankruptcy

Professor: What to List on Bankruptcy Schedule G.

Alexander Hernandez 4 min read
image of a judge's gavel striking a split house model to visualize the need for Chapter 13 bankruptcy versus chapter 7 to protect a second home and non-exempt equity issues.
Bankruptcy

The Two-Home Trap: Why Chapter 7 Isn’t an Option When You Want to Keep Both Houses

Alexander Hernandez 5 min read
Legal image of a gavel on money, representing the automatic stay protection against wage garnishment after filing for bankruptcy.
Bankruptcy

Wages Garnished After Filing Bankruptcy? It’s an Illegal Automatic Stay Violation. Here’s Your 3-Step Legal Fix.

Alexander Hernandez 5 min read
A close-up of legal reference books on bankruptcy law. These texts likely include discussions of wage priority under 11 U.S.C. § 507(a)(4), which grants employees up to $15,150 in priority claims for unpaid wages earned within 180 days before a bankruptcy filing. The image is branded with Bankruptcy.blog, suggesting an educational or archival context.
Bankruptcy

11 U.S.C. §507 Priority Claims: The Professor’s Guide to Current Caps & Order

Alexander Hernandez 6 min read
Bankruptcy petition guide cover featuring a Schedule E/F document, calculator, eyeglasses, and pen on a desk; promotional banner reads 'How to Complete the Bankruptcy Petition – A Step-by-Step Guide' from Bankruptcy.blog, offering resources on Chapter 7 and Chapter 13 filings, creditor schedules, and debt discharge procedures
Bankruptcy

Bankruptcy Schedule E/F Explained: Listing Unsecured Debt

Alexander Hernandez 4 min read
Official Form 106D – Schedule D: Creditors with Secured Claims in Bankruptcy Petition. Includes secured debts, lien types, collateral valuation, and creditor notification fields. Used in Chapter 7 and Chapter 13 filings. Essential documentation for bankruptcy.blog resource hub on consumer bankruptcy law and secured creditor treatment.
Bankruptcy

Understanding Schedule D for Secured Creditor Claims

Alexander Hernandez 7 min read
Official Form 106C – Schedule C: The Property You Claim as Exempt, used in bankruptcy filings to list property protected under exemptions. Includes instructions for selecting federal or state nonbankruptcy exemptions. Relevant keywords: schedule c exemptions, bankruptcy.blog, property exemptions, bankruptcy petition, homestead exemption.
Bankruptcy

Navigating Schedule C Exemptions in Bankruptcy

Alexander Hernandez 5 min read
Bankruptcy schedule A/B form used in filing for bankruptcy, featured on Bankruptcy.blog. Shows asset disclosure fields for property, income, and ownership details required in Chapter 7 and Chapter 13 cases.
Bankruptcy

Essential Tips for Listing Assets on Bankruptcy Schedule 106A/B

Alexander Hernandez 6 min read
A screenshot of Official Form 106 Summary of Schedules, a U.S. bankruptcy form used to summarize a debtor’s assets, liabilities, and statistical information. The image includes instructions for completing the form, including references to Schedule A/B lines. Featured on Bankruptcy.blog as part of its educational archive on bankruptcy forms and filing procedures. Want a shorter version for social media tags or alt text best practices? I can tailor it.
Bankruptcy

Official Bankruptcy Form 106: Summary of Assets

Alexander Hernandez 6 min read
Scenic view of a Hawaiian beach in the district of Hawaii, featuring a Hawaiian flag in the foreground. This image is used on Bankruptcy.blog to represent topics related to Hawaii bankruptcy trustees and Hawaii bankruptcy exemptions.
Bankruptcy

Understanding the Hawaii Bankruptcy Exemptions

Alexander Hernandez 7 min read

Your WalletView All

Spirit Airlines 401k savings: Hand depositing coin into piggy bank with "401K" on chalkboard.
Your Wallet

What to Do About Your 401(k) After Spirit Airlines’ Bankruptcy

Alexander Hernandez 4 min read

Spirit Airlines’ bankruptcy affects your retirement savings; confirm your 401(k) match status immediately.

Notebook showing 'Employee Rights' and a gavel sketch, illustrating legal information for furlough protection as seen on bankruptcy.blog.
Your Wallet

Furlough Protection for Spirit Airlines Workers: Essential Steps

Alexander Hernandez 6 min read
Orange office chair against a white brick wall with bold red text reading “We’re hiring! Join our team.” Prominently features the URL Bankruptcy.blog, signaling job opportunities in the legal and financial education space. Ideal for posts about job hunting, AI in hiring, career opportunities, bankruptcy law, and economic commentary. Visual evokes modern workplace aesthetics and invites viewers to explore roles related to content creation, legal education, and digital strategy.
Your Wallet

Navigating Job Hunting in the Age of AI

Alexander Hernandez 4 min read
Person joyfully hugging a computer monitor in a modern office, symbolizing “job hugging” amid economic uncertainty; background includes coworkers, tech gear, and a bicycle near the window. Image branded with Bankruptcy.blog, capturing themes of digital resilience, liberal fodder critiques, and workplace survival in a volatile economy.
Your Wallet

Liberal Fodder and Job Hugging

Alexander Hernandez 6 min read
Road sign warning: "ECONOMIC UNCERTAINTY AHEAD" with lightning, symbolizing weekly bankruptcy news and financial storm.
Your Wallet

PCH, Damon Dash, & Florida Foreclosures: Weathering the Next Financial Storm

Alexander Hernandez 5 min read

BankruptcyView All

Cartoon character holding a ‘DON’T FORGET!’ sign with a thumbs-up, smiling, and text ‘Bankruptcy.Blog’ below, emphasizing issues with not adding debtor or creditors to the petition.
Bankruptcy

Bankruptcy Tips: Handling Omitted Creditors

Alexander Hernandez 3 min read

Learn what to do if you forget to list a creditor in a Chapter 7 bankruptcy filing.

Hey there, welcome to another podcast episode. Today’s topic is what happens when you file for bankruptcy and what happens at the 341 meeting of creditors when Chapter 7 or Chapter 13 bankruptcy is filed. So you've heard that term, 341 meeting of creditors, hundreds of times by now. You’ve come across it researching online. So, let's get into the weeds on this issue. First, I need you to understand that this is not your normal hearing. Whatever you've seen on TV with lawyers being adversarial with the witness who falls apart on the stand within minutes makes for great TV, but it’s not reality. A 341 meeting is most likely the complete opposite of what you would expect in a formal legal proceeding. This means there's no judge. Judges are prohibited under the Bankruptcy Code from attending the 341 meeting of creditors. So there’s no judge issuing rulings, telling the witness they will be held in contempt of court for refusing to answer the question. You will see none of that. So you can forget about a jury as well. Also, are you ready for this one? Even though it’s called the meeting of creditors, chances are you won’t see any creditors there. I’m being serious. I’m not exaggerating. I can’t remember the last time I saw a creditor at the 341 hearing. The bankruptcy trustee will be there and ask general questions about the bankruptcy petition. The questioning lasts approximately five minutes. In Miami, after so many years of practicing law and developing relationships with the bankruptcy trustees, some trustees only had my clients swear in. I would announce my appearance, and the trustee’s only question would be if any creditors were present. That should show how things are somewhat different with bankruptcy. If a creditor does appear, typically an individual who received notice, and while the trustee will allow some questioning of the debtor, more than two minutes would be surprising. Creditors can take other measures, such as seeking a 2004 examination, which is similar to a deposition. If a creditor wants to object to the discharge of the debt, they will file an adversary. I did write a blog on Rudy Giuliani, actually several, where the next step creditors were likely to take was the adversary proceeding to object to the discharge of the defamation lawsuit. Fast forward. His case was dismissed since he wasn’t cooperating with providing documents. So now you know there’s no judge or jury, so where is the meeting of creditors hearing held? That depends on where you are. If you're in Colorado, which only has one district, you won’t be driving three hundred miles to attend any hearings. The hearings could take place anywhere. For example, I know that 341 meetings are held at a university in Farmington, New Mexico. I believe in Colorado Springs, it’s at City Hall. In other cities, it might be a trustee’s office. Of course, these are smaller districts. In major cities like Miami and Jacksonville, it’s usually at the courthouse but a separate room since the judge can't attend. What You Need to Bring to the Creditor’s Meeting Please. Please. Please take your driver’s license and original Social Security card if you want to save money. Why save money? Because if your lawyer has to go to attend a second hearing because you did not bring them those two forms of ID, trust me, you will be billed additional attorney’s fees. We bill by the hour. It is no different than getting paid by the hour by your employer. So, if we have to go to a second hearing, it will cost you between $150 to $500.00. So keep that in mind. I know you're nervous and stressed out, but take it from me: it's not a big deal. The hearings tend to be laid back. I suggest you get there early. Nowadays, the meeting of creditors is conducted remotely. Usually by phone, but a trustee could require an in-person appearance. If that's the case, the hearing notice provides a code to access the hearing. Do so early, or even consider listening in on another hearing. It could be another trustee. It doesn't matter since they tend to ask the same questions. There is a blog post where I review the questions asked by the trustee. You can read that blog post via this link. As to your original Social Security card, your tax returns aren’t going to work. I know that back in the day, for whatever odd reason, we older folks carried around our Social Security card in case it was needed, as if an emergency job was going to be offered. It's weird, if not ridiculous, but back in the day, that's how we rolled. So, for the next generation, please don't make fun of us. What Questions Are Asked at the 341 Meeting of Creditors Now, do read the link with the specific questions asked at the creditor’s meeting, as I’m only going to go over the basics in this post. Some of the questions you can expect are usually the bankruptcy trustee will ask if you signed the petition freely and voluntarily and if it was explained to you by your lawyer. In Miami, most of my clients only spoke Spanish or that was their predominant language. So, if there’s an interpreter, the trustee will confirm if the petition was translated from English to Spanish. A trustee will likely ask if anybody owes you money. Why, well, if you answer, “Yes, my uncle owes me $10,000.” Trust me, the trustee will go after your uncle for those funds as they belong to the bankrupt estate. The trustee usually asks if any changes to the petition are required. I blogged on that issue and how to resolve the issue. Mostly, if there’s anything I want you to take away from this podcast more than anything else is that a meeting of creditors is nothing like divorce court, criminal cases, etc. It’s not adversarial. The overwhelming majority of trustees are friendly people. They're very calm. They're very relaxed. Yes, there are exceptions. Trust me, I’ve had to deal with a few. But knowing the process should put you at ease. So calm down. Take a deep breath. Relax. If you're doing this remotely, burn some scented candles or incense. Do whatever you have to calm yourself down. By the way, speaking of scented candles, I posted on X today that I attempted to make coffee-scented candles. It didn’t work, but then again, my wife says the house does smell like coffee. Any comments? Feel free to reach out to me social media. Take care. Be safe. A person in a business suit with their back to the camera, raising their right hand as if taking an oath, with the text ‘What Happens at the 341 Meeting of Creditors’ prominently displayed above and the source ‘Bankruptcy.Blog’ at the bottom emphasizing hearings with the trustee or judge.
Bankruptcy

Understanding 341 Meeting of Creditors in Bankruptcy: What to Expect

Alexander Hernandez 8 min read
A small open safe containing a stack of US dollar bills emphasizing protecting exemptions like 401k and IRA with the text ‘Bankruptcy.Blog’ at the bottom.
Bankruptcy

IRAs and 401K Plans Aren’t Always Safe in Bankruptcy

Alexander Hernandez 5 min read
Legal ruling illustration representing a case dismissed with prejudice, initiating the prejudice period and barring the debtor from refiling in a Chapter 7 and Chapter 13 bankruptcy.
Bankruptcy

Dismissed with Prejudice and the Prejudice Period

Alexander Hernandez 5 min read
An overhead view of a desk featuring a bankruptcy law book, a calculator, and documents for bankruptcy Chapter 13, symbolizing the financial and legal aspects of bankruptcy costs. The url ‘Bankruptcy.blog’ is visible.
Bankruptcy

Understanding Bankruptcy Costs: Fees vs. Expenses

Alexander Hernandez 3 min read

Debts & Dollars