The Ohio bankruptcy trustee is a person appointed to a bankruptcy case. The trustee performs various tasks, one of which is presiding over the meeting of creditors. Cornell University Law School’s Legal Information Institute explains that the bankruptcy court does not preside over this meeting, and a judge may not attend. The debtor and the trustee must attend, and any creditors may attend if they hold one of the included debts.
One of the purposes of the meeting is to ensure that the debtor understands certain facts:
- How the bankruptcy will affect credit history, as well as any other potential consequences
- That the debtor may be able to file a different Chapter
- What the consequences will be for filing bankruptcy
- What will happen if the debtor chooses to reaffirm a debt
According to the Ohio Bar Association, the debtor must also answer questions posed by the trustee, and this is done under oath, even though the meeting does not take place in court. The goal of this interview is to determine whether the debtor has failed to disclose any assets or liabilities. The trustee may ask about these, and about other financial matters.
Even though it is called a meeting of creditors, this meeting is rarely attended by them. If a creditor is present, he or she has the right to further question the debtor. For example, if a person has a car loan and the collateral for the loan is the vehicle, the creditor may want to know where the vehicle is, what condition it is in and whether the debtor has insured it. Sometimes, creditors have questions about whether their debts will be discharged in the bankruptcy.
Debtors can have their attorney present at the meeting. The debtor’s testimony is always recorded.