What is a “creditor’s exam” in a Chapter 11 bankruptcy?

In a Chapter 11 bankruptcy, a “creditor’s exam” is when creditors are allowed to question a debtor under oath about their current financial situation. This is an important part of the bankruptcy process and is meant to give creditors a better understanding of the debtor’s assets, liabilities, and financial condition. A debtor in a Chapter 11 bankruptcy must submit to a creditor’s exam as part of the process. The creditor’s exam is conducted by the court during the case, usually in the presence of the debtor’s attorney. The examiner typically asks questions related to financial and business matters such as unsecured debts, payment plans, arrears, and any payments made on accounts. The examiner will also question the debtor about the details of any assets that they may own, such as real estate, vehicles, or other property. The creditor’s exam is meant to give creditors a clearer picture of the debtor’s financial situation. It is a crucial part of the Chapter 11 bankruptcy process and helps creditors make informed decisions about whether to accept or reject a repayment plan offered by the debtor. If the creditor’s exam reveals that the debtor has assets or income they haven’t disclosed, they may be subject to criminal charges. The creditor’s exam also helps the court assess the debtor’s ability to pay and determine a restructuring or repayment plan.

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