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Tag Archive for: attorney

chapter-13 bankruptcy

What is a Bankruptcy Meeting of Creditors?

July 12, 2019/in Articles, Bankruptcy/by Ted Hamilton

 

At the beginning of any Bankruptcy case, the Clerk of the Bankruptcy Court mails a written notification of a bankruptcy filing.  All creditors listed in initial bankruptcy documents filed by a Debtor receive the Notice.  This Notice of Bankruptcy Case sets forth the date, time and location of a Meeting of Creditors along with other information.

1.The Purpose of the Meeting of Creditors

The purpose of the Meeting of Creditors in a bankruptcy case is confusing to many creditors.   Section 341 of the Bankruptcy Code (the terms are often used interchangeably) authorizes the Creditors Meeting.  Thus, the Creditors Meeting is sometimes referred to as a 341 Meeting.  This Section of the Bankruptcy Code requires a Meeting of Creditors in every bankruptcy case.   The 341 Meeting allows the questioning the Debtor under oath pertaining to the Debtor’s assets and liabilities.

2.Who conducts the Meeting of Creditors

The Bankruptcy Trustee appointed to administer the case or the United States Trustee in a Chapter 11 case where no Trustee has been appointed holds the Meeting of Creditors.  There is no court reporter present at the Meeting (unless the Creditor arranges to have a court reporter present).  The Meeting is recorded digitally.  A Creditor may obtain a recording of the Meeting on a CD by contacting the Office of the United States Trustee after the Meeting.

Chapter 7 Cases

At the Meeting of Creditors in a Chapter 7 bankruptcy case, the Trustee questions the debtor as follows:

1.Reviews the Debtor’s bankruptcy petition and schedules filed in the case;

2. Confirming the Debtor’s identity;

3. Attempts to locate any property or other assets that can be sold or otherwise administered for the benefit of creditors;

4. Questions the Debtor about any transfers of property or other assets made by the Debtor prior to the filing of the case.  The Bankruptcy Code provides that certain transfers can be avoided (reversed) by the Trustee and the property transferred brought back into the bankruptcy case;

5. Alternatively, depending on the facts of the matter, the Trustee may seek to obtain a money judgment as to the recipient of the transfer if it is avoidable.

Chapter 13 Cases

The Standing Chapter 13 Trustee, in a case filed under Chapter 13,  questions the Debtor on whether the Debtor’s Chapter 13 Plan properly addresses creditors claims and complies with the terms of the Bankruptcy Code.

Chapter 11 Cases

In a Chapter 11 case, the United States Trustee (or Chapter 11 Trustee if one is appointed) generally questions the Debtor (or the Debtor’s representative in a business case) about the Debtor’s assets, liabilities, finances and conduct.  In a business case (which comprises most Chapter 11 cases) the United States Trustee will inquire as to the Debtor’s business and reasons for filing the bankruptcy case.  The Trustee will also inquire as to the Debtor’s intention and anticipated proposal as to a plan for reorganization.  The Trustee will also inquire as to whether the Debtor’s expected future income and anticipated future expenses are consistent with such a Plan.  The United States Trustee will also question the Debtor to ensure that the Debtor understands that the Debtor must comply with specific reporting, insurance, banking and other requirements.

3.The Meeting of Creditors as an Opportunity for Creditors

In all  cases, the Creditor uses the Meeting of Creditors as an opportunity to question the Debtor about the Debtor’s financial practices, the possibility of claiming a debt to be non-dischargeable due to fraud or other reasons.  The Creditor might also want to determine the circumstances pertaining to when the Debtor incurred the indebtedness owing to the Creditor.  For example, the Creditor would question the Debtor as to the loan (credit) application and the accuracy and completeness of information set forth in such application.  All of these questions might be helpful in determining whether the claim of the creditor might not be wiped out or reduced by the bankruptcy filing.

Likewise, the Creditor might question the Debtor as to assets and property and other collateral (if any) which secures the debt, the condition of such collateral and whether the collateral had been sold or otherwise transferred prior to the filing of the case.  The Creditor may also ask about the Debtor’s use of business income and payments made to insiders prior to the filing of the case.  Other questions in a Chapter 11  might focus on mismanagement or fraud in the Debtor’s financial operation.

Creditors  attend the Meeting of Creditors on their own behalf or through their attorney for the purpose of questioning the Debtor and providing information to the Trustee.  Creditors  attending a Meeting may have information about undisclosed assets or transfers made by a Debtor which are not set forth on the Debtor’s bankruptcy documents filed with the Court and made known to the Trustee.  In addition, Creditors choosing to attend a Meeting of Creditors may use the opportunity to question the Debtor under oath to investigate whether there is a basis for asserting that the Debtor is not entitled to a discharge or that the debt owed to the Creditor is non-dischargeable in the bankruptcy case on account of fraud or another basis.

By Brad Hissing, Esq.

 

https://whhlaw.com/wp-content/uploads/2017/06/chapter-13-bankruptcy.jpg 913 2184 Ted Hamilton https://whhlaw.com/wp-content/uploads/2026/06/Wetherington-Hamilton-logo.png Ted Hamilton2019-07-12 10:49:502019-07-12 10:49:50What is a Bankruptcy Meeting of Creditors?

The Importance of a Work Life Balance: An Attorney’s Perspective

May 13, 2016/in Articles, General/by Ted Hamilton

Attorney Work Life BalanceHaving been a member of the Florida Bar since 1991, and having practiced in various areas of law, I fully understand and take seriously the commitment of time and resources required in order to be an effective and successful attorney. Preparation is key if one expects to have a chance of “winning” and effectively representing one’s client at any hearing. I pride myself in my work ethic and preparation for each hearing that I attend, no matter how much time for preparation may be required. As attorneys, we do not create nor do we have control over the facts of any given case, but we do have control over our preparation and understanding the facts as they relate to the law for each and every case. As an attorney, a wife and mother, I know that this type of preparation requires sacrifice at times, but the rewards are well worth it! Having said all of that, it is important to me as an attorney, to be able to balance my work and home life.

May and June are extremely busy months for anyone who has school-aged children. Summer plans are being finalized; students have awards ceremonies, performances, sports banquets, and end-of-the-year events of all kinds. The list seems endless. In order to be able to accomplish everything, a great deal of planning and coordination is required. It is a given that effective time management plays an important role in obtaining and maintaining a balance between work and home life; however, there is more to this equation.

So how is it possible for anyone, whether they have children or not, to be an effective attorney while balancing life outside of work? First and foremost, no one can do everything alone. As an attorney, it is critical to have the support of competent legal assistants and paralegals. Without knowledgeable and effective legal assistants, it would be difficult at best to successfully balance home and work, while successfully representing one’s clients. At Wetherington, Hamilton, P.A. our support staff is second to none. This fact alone makes it possible to for our attorneys to maintain balance while effectively representing clients and obtaining the best results possible.

In addition, the firm philosophy places strong emphasis on taking time off when needed. In order to maximize productivity and effectiveness in the work place, appropriate time away from the job is necessary. This might mean something as simple as taking an extra thirty minutes at lunch time in order to run an errand or attend a personal appointment. This type of flexibility in scheduling can make the all the difference in one’s attitude about the workplace. That is not to say that taking extraordinary amount of time of is suggested or recommended. Rather, the goal is to obtain and maintain just the right balance between work life and home life…not an easy task…

Joan Wadler Attorney Family

Attorney Wadler and her family

Just as the scales of justice symbolize balance or the weighing of issues in order to achieve a just result, so too, maintaining balance between one’s work life and personal life allows for the best results in both worlds. The law firm of Wetherington Hamilton, P.A. allows for and encourages this type of balance, making this law firm not only a great place to work, but a successful law firm, achieving positive results for its clients!

Joan A Wadler, Esq.

https://whhlaw.com/wp-content/uploads/2026/06/Wetherington-Hamilton-logo.png 0 0 Ted Hamilton https://whhlaw.com/wp-content/uploads/2026/06/Wetherington-Hamilton-logo.png Ted Hamilton2016-05-13 16:35:542016-05-13 16:35:54The Importance of a Work Life Balance: An Attorney’s Perspective

Do You Really Want to Hire an Aggressive Lawyer?

October 16, 2015/in Articles, General, Litigation/by Ted Hamilton

lawyerIf you live in Tampa, you no doubt have seen the billboards for the personal injury law firm touting themselves as the “Aggressive Law Firm”.   I have wondered what this means for a lawyer to be aggressive. Does it mean that the lawyer throws coffee on opposing counsel? (See this article) Or worse, does the lawyer break laws or rule to get the win.

When you are shopping for a lawyer, what should you look for? Aggressive sounds good but what does it mean. Our firm is focused on solving your disputes, helping you in a time of need, and keeping you out of trouble so you can run your business or go about your life. I have seen “Aggressive” lawyers in court represent themselves above their client’s best interests. Our focus is on ensuring that your interests come first. If this means presenting your case to a judge or jury, we will focus on the facts and present them passionately and logically on your behalf. At the same time, however, we are respectful to the judge and to opposing counsel. An aggressive attorney creates a controversy between the lawyers that doesn’t need to exist. Creating unnecessary conflict hampers your goal of resolving your conflict.

Finally, our lawyers strive to keep you out of trouble. This occurs through advice and counsel at the contract stage or prior to filing a lawsuit. Our attorney’s want you to understand the costs of litigation before you get into the case. In addition, we work with our clients to handle collections suits and other types of suits on a percentage of the amount recovered or with other alternative fee arrangements if at all possible.

So when you chose a lawyer, ask the legal community what they think of the attorney. If they give you a resounding yes, then that is the firm and attorney to hire.

Theodore J. Hamilton, Esq.

https://whhlaw.com/wp-content/uploads/2015/10/lawyer.jpg 424 283 Ted Hamilton https://whhlaw.com/wp-content/uploads/2026/06/Wetherington-Hamilton-logo.png Ted Hamilton2015-10-16 08:30:462015-10-16 08:30:46Do You Really Want to Hire an Aggressive Lawyer?

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Wetherington Hamilton, P.A.

Wetherington Hamilton, P.A.

812 W. Dr. MLK Jr., Blvd., Suite 203, Tampa, FL 33603
Phone: (813) 225-1918 • Fax: (813) 225-2531 • Email

Wetherington Hamilton, P.A.

Wetherington Hamilton, P.A.

812 W. Dr. MLK Jr., Blvd., Suite 203, Tampa, FL 33603
Phone: (813) 225-1918 • Fax: (813) 225-2531 • Email

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