Morgan Law, P.A. - Brevard & Volusia Attorneys Eric A. Morgan & Carl A. Morgan. Se Habla Español.

Bankruptcy: Chapter 7 & Chapter 13, Traffic & Criminal Defense, Injury, MORE. Learn your options. NOTE: Our Melbourne office is now on Aurora Road, the Deltona office is located on Saxon Blvd., and our Daytona office is on Ridgewood Ave.
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Your Bankruptcy Hearing - Frequently Asked Questions & Important Bankruptcy Information
 
Q: Will I have to go to court for my bankruptcy, or can just my attorney go?
 
A: About a month after filing your case electronically, there will be a hearing with a scary title, the "Meeting with Creditors."  The hearing is also known as a "341 Hearing," which is the numbered section of U.S. Bankruptcy Code authorizing such hearings.  Fortunately, creditors rarely actually come, because it would be a waste of time and money for them.  The hearing is mandatory and both the bankruptcy filer and their attorney must attend.
 
Q: What happens at the 341 Hearing?
 
A: On the day of the bankruptcy hearing, you'll go to the bankruptcy court, which for Brevard bankruptcy filers, would be in downtown Orlando in the Fairwinds Credit Union building at 135 W. Central Blvd, Orlando, FL 32801.  There are also bankruptcy courts in Tampa and Jacksonville.  For those going to the Orlando courthouse for a 341 hearing, you'll go to the 6th floor to Suite 600.  Normally, there will be a crowd of people in the hallway who have also filed for bankruptcy, along with their attorneys.  Some days, two hearing rooms are used, other days only one.  The hearing rooms have a lot of chairs and people may sit in the chairs until their case is called by the bankruptcy trustee assigned to their case.  It is a good idea to come early and view a few of the hearings before your case is called--one will typically see that the trustees tend to ask the same questions again and again.
 
Filers from Volusia County will attend their 341 hearing in Jacksonville, FL.  The Court is located at 300 N. Hogan Street, Jacksonville, FL 32202.  This is a federal building so please remember to leave your cell phone in the car.
 
All filers must bring their social security card and photo identification.  If you cannot find your social security card, a W-2 or document with your social security number on it may be acceptable, depending on the Trustee.
 
Q: What kind of questions does the bankruptcy trustee ask people?
 
A: The responsibility of the bankruptcy trustee is to find out if there are any assets that the debtor may have, which are not protected by the bankruptcy exemptions.  In other words, a debtor may have assets which they will not be allowed to keep through their bankruptcy.  If there are assets, the trustee will negotiate to either have the debtor "buy back" the property from the bankruptcy estate or turn the property over for auction.  Therefore, the trustee's questions are often directed toward whether the debtor listed all assets in the bankruptcy petition, whether they listed all debts, whether they have preferentially paid certain creditors, especially friends or family over regular creditors, and whether they have transferred or "signed over" assets, to keep them away from creditors.  Bankruptcy trustees will also ask questions about any strange transactions described in the petition or indicated in support paperwork such as bank statements or pay advices.
 
Q: What do I need to bring to the 341 Hearing?
 
A: You must bring your social security card, or an original government document listing your whole social security number on it.  It is also required to bring a copy of your driver's license or other photo identification.
 
Q: Will the bankruptcy trustee approve my bankruptcy at the end of the hearing?
 
A: The bankruptcy trustee is not a judge and is not authorized to approve or dismiss your case.  The trustee will merely ask questions and take notes, and after the hearing, seek recovery of any unprotected assets.  However, the trustee can file a variety of motions which can lead to a case being dismissed or cause other complications with a case.
 
Q: What if the trustee asks me questions that I don't want to answer?
 
A: The interview with the trustee occurs while a bankruptcy filer is under oath.  That means everything that is said, is said under pentalty of perjury.  So it is important to tell the truth or federal criminal charges may result.  The meetings are recorded.  However, the vast majority of filers have nothing to hide and will already have discussed any problematic areas of their bankruptcy filing with their attorney, and indicated any important information on their bankruptcy petition.
 
Q: Where is the bankruptcy court located for people filing in Brevard and Volusia Counties?
 
A: For Brevard filers, the bankruptcy court is located at 135 W. Central Blvd., Orlando, Florida 32801.  To get there from Melbourne, Florida, take I-95 North to 528 West.  From 528 West, merge onto 417 North.  From 417 North, take 408 West across downtown.  Take the Rosalyn exit, and turn left onto South.  Take the first right at Rosalyn and go north.  Turn left at Central Blvd.  You will see the Orlando Public Library on your right.  Continue on Central Blvd. and cross Orange Ave.  You will pass the Channel 13 News headquarters on your right.  The Bankruptcy Court is located in the Fairwinds Credit Union, a tall, silver, refridgerator-shaped building.  It is the last building before you go under the I-4 overpass.  It is across the street from the parking lot located behind Church Street Station.  341 hearings are on the 6th floor.  There is parking behind the building and also in a nearby parking garage.  Remember to bring cash for parking and for tolls!
 
Filers from Volusia County will attend their 341 hearing in Jacksonville, FL.  The Court is located at 300 N. Hogan Street, Jacksonville, FL 32202.  This is a federal building so please remember to leave your cell phone in the car.
 
Q: Will creditors continue to automatically withdraw electronic payments from my bank account after I file bankruptcy, if I choose to reaffirm my obligation on my car or home?
 
A: Once you file bankruptcy, creditors are no longer allowed to automatically withdraw payments from your bank account, because you are under bankruptcy protection.  Instead, you must write them a check and mail it to them, or possibly authorize a one time withdrawal over the phone.