Wednesday, February 4, 2026
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Bankruptcy.Blog

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AI-generated image for Bankruptcy.blog illustrating unreported mortgage and car payments after bankruptcy; a magnifying glass reveals "No Data Found" on a credit report next to house and car keys in a law office setting.
Bankruptcy

Why Your Mortgage and Car Payments Are “Invisible” After Bankruptcy

Alexander Hernandez 5 min read
Lawyer refusal to sign Part C of a reaffirmation agreement document showing undue hardship rules for Bankruptcy.blog.
Bankruptcy

Why Your Lawyer Won’t Sign Your Reaffirmation Agreement: The Part C Liability Trap

Alexander Hernandez 5 min read
A house of cards stabilized by a glowing wildcard on a law library table. 2026 Federal Homestead and Wildcard Exemption guide for Bankruptcy.blog.
Bankruptcy

Understanding the Federal Homestead Wildcard Exemption in 2026

Alexander Hernandez 5 min read
Infographic comparing the 2026 federal bankruptcy homestead cap of $214,000 for recent movers versus the $31,575 federal homestead exemption floor. Provided by Bankruptcy.blog.
Bankruptcy

The 1,215 Day Rule versus the Federal Exemptions. Which Law Protects Your Home in 2026?

Alexander Hernandez 3 min read
Illustration of a shielded home representing the 2026 federal bankruptcy homestead exemption limits and protections. Provided by bankruptcy.blog.Visual aid created with Copilot AI for educational purposes by bankruptcy.blog.
Bankruptcy

Understanding the Federal Bankruptcy Homestead Exemption Limits

Alexander Hernandez 4 min read
Diagram explaining the 1,215-day bankruptcy rule with a $214,000 cap compared to the $31,575 federal exemption.- Bankruptcy.blog.Visual aid created with AI for educational purposes
Bankruptcy

Understanding the Bankruptcy Homestead Exemption and the 1,215-Day Rule

Alexander Hernandez 3 min read
Stack of legal documents labeled "LAWSUIT" with a pen and leather folder, illustrating creditor lawsuit defense and bankruptcy strategy for bankruptcy.blog.
Bankruptcy

Beyond the Means Test: A 2026 Strategy for Bankruptcy & Creditor Lawsuits

Alexander Hernandez 4 min read
Bankruptcy.blog. The chapter 13 guide 2026. A photo of the Chapter 13 petition, a financial reorganization or wage earner's plan for 2026 to stop foreclosure and save assets.
Bankruptcy

Chapter 13 Bankruptcy Guide 2026 | Stop Foreclosure & Protect Assets

Alexander Hernandez 5 min read
A close-up of a United States Bankruptcy Court filing document for Chapter 7 bankruptcy with a professional pen resting on the page, serving as the featured image for the bankruptcy.blog chapter 7 guide 2026.
Bankruptcy

Your 2026 Guide to Chapter 7 Bankruptcy: Get a Fresh Start

Alexander Hernandez 8 min read
Cure mortgage arrears concept: A model house on a calendar next to an 'Urgent Past Due' notice. Bankruptcy.blog
Bankruptcy

Cure Mortgage Arrears: How to Force a Lender to Accept Your Payments

Alexander Hernandez 6 min read
A graduation cap labeled Debt with a red Cancelled stamp, representing how to stop student loan garnishment through an adversary proceeding and government settlement as seen on Bankruptcy.blog.
BankruptcyInsights & Analysis

Suing the Government is Your Best Move Against Student Loan Garnishments

Alexander Hernandez 5 min read
Close-up of a bankruptcy petition and a pen, illustrating the process of filing local bankruptcy forms and legal documents like a motion for relief, with the bankruptcy.blog watermark at the top.
Bankruptcy

The Motion for Relief from Stay: Check Your Local Bankruptcy Forms First

Alexander Hernandez 2 min read
A wooden gavel resting on a leather-bound book titled "BANKRUPTCY LAW" in a blurred library setting, featuring the Bankruptcy.blog logo at the bottom focusing on the motion for relief from the automatic stay.
Bankruptcy

The Motion for Relief from Stay Versus The Automatic Stay

Alexander Hernandez 5 min read
Legal documents and gavel representing the filing process and the role of a bankruptcy petition preparer, featured on bankruptcy.blog.
Bankruptcy

Bankruptcy Petition Preparers: A Compliance Checklist Under 11 U.S.C. §110

Alexander Hernandez 4 min read

Insights & AnalysisView All

Law books and a gavel with text overlay: Statute of Limitations vs. Judgment Renewal by Professor Hernandez on Bankruptcy.blog.
Insights & Analysis

The “Zombie Debt” Trap: The Statute of Limitations vs. Judgment Renewal

Alexander Hernandez 7 min read

Think your debt expired? A judgment can live for decades through renewals. Learn the difference between the SOL and “Zombie Debt” from Professor Hernandez.

A credit card sitting on medical billing paperwork next to a stethoscope, illustrating predatory hospital collection tactics and the risk of medical bankruptcy—originally published on Bankruptcy.blog.
Insights & Analysis

Predatory Hospital Collection Tactics: A Silent Threat to Your Finances

Alexander Hernandez 4 min read
Three white eggs representing retirement funds sit in a nest next to a 2026 tax form, illustrating how to use 2026 401k and IRA limits for asset protection — Bankruptcy.blog
Insights & Analysis

The 2026 Retirement Limits: A Strategic Guide to Asset Protection and the Means Test

Alexander Hernandez 6 min read
A two-story suburban home with a red 'For Sale' and 'Foreclosure' sign in the front yard, illustrating how to stop a 2026 foreclosure auction and save home equity - Bankruptcy.blog.
Insights & Analysis

How to Stop a 2026 Foreclosure Auction and Protect Your Home Equity

Alexander Hernandez 6 min read
A person studying debtor resources at a desk, featuring a 'Pro Se Litigant's Guide' from the Civil Court Clerk's Office, a laptop showing LawHelp Interactive, and notes on a Motion to Dismiss. A professional legal research setting for Bankruptcy.blog.
Insights & Analysis

Navigating the Legal Maze: Essential Debtor Resources When Facing Lawsuits

Alexander Hernandez 7 min read

BankruptcyView All

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

Bankruptcy 341 meetings are informal, with no judge, jury, or adversarial atmosphere. Creditors rarely attend.

A pen rests on a bankruptcy filing form titled 'Information for Individuals Filing for Bankruptcy,' featuring checkboxes for Chapter 7, Chapter 11, Chapter 12, and Chapter 13, along with the phrase 'voluntary dismissal.' A red folder and a book are in the background, while the website 'Bankruptcy.blog' is visible in the top left corner.
Bankruptcy

Why Consider Voluntary Dismissal in Bankruptcy?

Alexander Hernandez 3 min read
bankruptcy lawyer, chapter 13 bankruptcy attorney, chapter 7 bankruptcy petition
Bankruptcy

Chapter 7 Mistakes That Can Force Your Case into Chapter 13

Alexander Hernandez 6 min read
A person holding a sign that reads ‘You Got Scammed!’ with the text ‘Bankruptcy Blog’ at the bottom, emphasizing issues with hospital billing and medical debt.
Bankruptcy

Avoid Bankruptcy Because of Hospital Billing Tactics

Alexander Hernandez 3 min read
A view of Denali, Alaska, with the American flag flying in the foreground. This image is relevant to those considering bankruptcy in Alaska and want to learn about Alaska bankruptcy exemptions. The blog ‘bankruptcy.blog’ is visible at the bottom.
Bankruptcy

Understanding Alaska Bankruptcy Exemptions: Your Guide to Protecting Assets

Alexander Hernandez 8 min read

Debts & Dollars