What is a 341 meeting and what I can expect to happen during this meeting?

What is a 341 meeting?

In both Chapter 7 and Chapter 13 bankruptcy filing proceedings, you are required to attend a 341 Meeting.  The 341 meeting is also commonly referred to as the meeting of creditors.  This meeting generally takes place 20 to 40 days after your bankruptcy case is filed.

What happens at a 341 meeting?

Prior to your meeting, you will be assigned a trustee to oversee your case.  He or she will run your 341 meeting.  Your creditors will be notified of your meeting and they will be invited to attend.  Your 341 meeting won’t be held in a courtroom.  Instead, they are usually held in a meeting room and there is no judge present.

To start, the trustee will call your case, and you and your attorney will go forward. The trustee will place you (and your spouse, if filing jointly) under oath, verify your forms of identification, and go through a series of questions.  It is important to remember that even though you are not in a courtroom and a judge is not involved in this meeting, you are still under oath so everything you discuss in this meeting must be the complete truth.

In the next phase of the meeting, your trustee will ask you a series of questions.  Any creditors that are in attendance also have the right to ask you questions.  The questions they ask will be based on the information you’ve provided in your paperwork. This question and answer period is aimed at confirming the information you provided in your petition is true and complete.  If there are any errors, or you did forget to disclose something, you can file an amendment. Your 341 meeting is an opportunity for you to tell your trustee about anything that needs to be updated.

Many debtors worry a great deal about the 341 meeting. Although this meeting is very important and shouldn’t be taken lightly, they are generally pretty straightforward.  Most 341 meetings only last a few minutes and provided you’ve been truthful in all your paperwork, the meeting itself should not pose any issue in achieving your goal of receiving your bankruptcy discharge.

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