How to Cancel or Postpone a Bankruptcy Hearing of Trustees
When you file for bankruptcy, you are requesting the court's protection from creditors. Part of the process includes a hearing between you and your creditors, also referred to as the 341 Meeting of Creditors. Cancellation of the hearing is only accomplished by dropping your bankruptcy case. If you do not wish to cancel, but need to delay the hearing, there is a procedure in place for postponing the hearing with the trustee and creditors. Skipping any step in the process can lead to a dismissal of your bankruptcy case and ultimately the loss of protection from creditors the bankruptcy offered.
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Instructions
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Complete form B20A. You can get the form from the bankruptcy clerk in your district. Provide your name, Social Security number, address, bankruptcy case number, bankruptcy chapter type and case number. You must also provide a reason for the postponement and any explanation you have for the request.
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File the motion to delay with the bankruptcy clerk. The clerk will provide a date and time for the motion hearing to determine if the trustee will grant your postponement request. You will also need to pay the necessary fee to file the motion. This fee varies by district.
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Send copies of the motion to all of your creditors and to the bankruptcy trustee. Regular mail is sufficient, but registered mail will provide added proof that you notified all of your creditors.
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File a Certificate of Service with the bankruptcy court. This document lists the names and addresses of all creditors notified of your motion to postpone the hearing.
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Attend the hearing and explain your reason for requesting a postponement.
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Await the trustee's decision. Usually the trustee renders a decision during the hearing, but if he delays the decision, he will send you his decision by mail. If time is a concern, the trustee will call you and follow up with a letter.
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Tips & Warnings
If there is an emergency and no time to file a motion for postponement, contact the court clerk immediately. Delays are usually granted in the event of illness or a death in the family.
In some cases, a motion for postponement is not necessary. Check with the clerk of court in your district to determine the action you must take to request your postponement.
If you have hired an attorney to represent you for your bankruptcy case, contact your attorney to file the motion of postponement for you.
Do not skip the hearing, either for the motion to postpone or for the meeting of creditors. If you do not attend the hearing, the trustee will dismiss your case unless you can justify your absence.
