What Is the Purpose of The 341 Meeting of Creditors?

The purpose of the meeting is to ensure that you have fairly and honestly represented your assets, income, and debts in your bankruptcy filing. You must appear at the meeting, and your attorney will be present with you. The Trustee assigned to your case will ask you questions about the contents of the bankruptcy schedules, and you will answer the questions under oath. You will not be asked to justify filing bankruptcy. It’s strictly a fact-finding meeting. Creditors have the right to attend your hearing and ask you questions about your debts, however, this is a rare occurrence. This meeting is informally called a “341 meeting” after section 341 of the Bankruptcy Code that requires it.

WHAT SHOULD I EXPECT?

Since the Covid-19 pandemic, the 341 Meetings are held via Video (Zoom) or Telephonically. You should expect that there will be dozens of other people in an online conference with you waiting for their name to be called by the Trustee. A day or two before your meeting date, your attorney will meet with you briefly to go over the procedure. Your attorney will ask you to read a pamphlet prepared by the court, and sometimes fill out a standardized form provided by the Trustee. When the Trustee calls your name, you and your attorney will identify yourselves and be ready to be questioned by the Trustee under oath. Since the Trustee’s questions are based on the information contained in your petition, you should review your petition the night before your hearing to reacquaint yourself with its contents. Your hearing should last approximately 5 minutes.

WHEN WILL MY MEETING OF CREDITORS HEARING BE SCHEDULED?

Your hearing will be scheduled approximately four to five weeks after your petition is filed with the court.

WHAT SHOULD I WEAR?

If your hearing is via video, dressing “business casual” is a good plan. This is a formal court proceeding but in a more casual setting. The goal is to blend in. Do not call attention to yourself or your case by the way you dress.

WHAT DO I NEED TO HAVE WITH ME?

You should have a copy of your filed bankruptcy paperwork and your most recently filed tax returns. This way it is easy to reference if the Trustee asks any questions specific to your income, expenses, or assets.

WILL I HAVE TO GO BACK TO COURT?

If you filed under Chapter 7, the Meeting of Creditors hearing should be your only required court appearance.

The experienced bankruptcy attorneys at DiMarco Warshaw, APLC can determine your options and your best solution to eliminate your debt. Andy Warshaw is certified by the State Bar of California as a Specialist in Bankruptcy Law. Attorney Darren DiMarco has over 20 years of experience resolving debt related matters, especially for business owners and homeowners.

To speak to an attorney with your best interests in mind, schedule a free evaluation here https://calendly.com/dimarcowarshaw/20min or call us directly at 888-890-5474.

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