What is a “debtor’s exam” in a Chapter 11 bankruptcy?
A debtor’s exam in a Chapter 11 bankruptcy is a hearing in which the debtor is questioned about their financial activities as part of the bankruptcy process. This hearing is held before a bankruptcy judge and the debtor must answer questions under oath. During the hearing, the judge will ask questions to gather information about the debtor’s financial affairs, including the debtor’s assets, liabilities, income, expenses, pending lawsuits, and any fraudulent or preferential transfers made before the bankruptcy filing. The purpose of the debtor’s exam is to ensure that all of the relevant information has been disclosed to the court. The exam is also used to determine if the debtor has any assets that can be used to repay creditors. If the debtor fails to answer the questions truthfully or fails to appear at the hearing, they may be subject to sanctions or a finding of contempt of court. In North Carolina, the debtor’s exam will be scheduled after the debtor has filed for Chapter 11 bankruptcy protection. This hearing usually occurs shortly after the petition is filed and can last for several hours, depending on the complexity of the case.
Related FAQs
What is “pre-bankruptcy planning” in a Chapter 11 bankruptcy?What is a “payment plan” in a Chapter 11 bankruptcy?
What do I need to provide my creditors in a Chapter 11 bankruptcy?
How long does it take to get a plan of reorganization approved in a Chapter 11 bankruptcy?
What happens if I fail to meet the terms of my repayment plan in a Chapter 11 bankruptcy?
Can I convert my Chapter 11 bankruptcy to a Chapter 7 bankruptcy?
What is a “motion to extend the automatic stay” in a Chapter 11 bankruptcy?
What is a “debtor’s exam” in a Chapter 11 bankruptcy?
What is a “plan of reorganization” in a Chapter 11 bankruptcy?
Can I keep my business open during a Chapter 11 bankruptcy?
Related Blog Posts
What is Chapter 11 Bankruptcy Law? - July 31, 2023What Can You Expect from Filing for Chapter 11 Bankruptcy? - August 7, 2023
Understanding the Steps Involved in Chapter 11 Bankruptcy - August 14, 2023
What are the Benefits of Chapter 11 Bankruptcy? - August 21, 2023
What Are the Risks of Chapter 11 Bankruptcy? - August 28, 2023