The meeting of creditors for your bankruptcy case, also known as the 341 meeting, is scheduled approximately 30 days after your case is filed.
I always explain the meeting of creditors to clients by first asking if they have been to court on other issues because at the meeting of creditors, they will not be before a judge, but rather a trustee.
Most people envision going to the 341 meeting before a judge where lawyers will ask questions back and forth like a trial setting, but it is actually the complete opposite of that.
The trustee will ask certain questions of everyone, and depending on the case, a few questions that may arise when reviewing your bankruptcy case. I describe it as a relaxed atmosphere as it is not a litigious setting and as the attorney representing the debtor, my role is extremely limited as nine out of ten times, attorneys don’t say more than their name or announce their appearance.
Typical questions are:
- Did you review the petition and have it explained to you by your attorney?
- Do you need to make changes to the petition?
- Were you truthful in your petition?
- Are you involved in any lawsuits where you expect to receive money?
- Is there an inheritance that you are likely to receive soon?
- Are you up to date on your car payments and/or mortgage? Are you keeping your car and/or home?
- Have you filed for bankruptcy before?
- Were the copies of your tax returns true and correct?
From there, the trustee will ask questions that arise by viewing your petition.
Typically, the 341 meeting of creditors is about 2 – 3 minutes long. I always tell clients to be at their hearing at least one-half hour early to hear the cases before them and I review certain parts of the petition with them the day of the hearing.
Do Creditors Appear at the 341 Meeting of Creditors
Now, your 341 meeting is called a meeting of creditors, which implies creditors will be present, but that is rarely the case. I would venture to say creditors appear 1 percent of the time.
If you need an interpreter, one can be called through a teleconference system used by the court, so don’t worry about that.
Also, make sure you take your original driver’s license or I.D. and original Social Security card because without it, the hearing will not proceed.
Have questions regarding filing for bankruptcy? Then call attorney Alex Hernandez and schedule your free consultation.
Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years.
(904) 712-5565 or (305)-688-LAWS (5297).
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