What is a 341 Meeting?
|A "341 Meeting" is also known as a creditor's meeting. Section 341 requires the debtor to make a personal appearance at a creditor's meeting (which is why it's called a 341 meeting). The purpose of the meeting is for the trustee to gather information, and for your creditors to ask questions.
||The debtor (the person who is bankrupt) is required to attend. The meeting is not a formal court hearing, because the bankruptcy judge is not in attendance, but it is a formal proceeding and is a necessary procedure to complete in the bankruptcy.
What happens at the 341 Meeting?
You will be taken to the meeting room. The trustee who is chairing the meeting will ask you to take an oath to tell the truth, and then they being their questioning. The meeting will be either tape recorded or recorded by a court reporter.
Typical questions asked by the trustee at the 341 meeting include:
- Did you list all of your assets?
- How did you determine the values you gave for your assets?
- Did you list all of your debts?
- Did you read the schedules before signing them?
- Are the schedules accurate?
- Do you want to make any corrections to the schedules?
- Have you destroyed your credit cards?
If you have unusual assets, the trustee may ask for more information. In complex cases, it is possible that the trustee will adjourn the meeting and continue it at a later date, to give time to gather more information.
Will my creditors be there?
All creditors are notified of the meeting. In most cases, the unsecured creditors (like credit card companies) do not attend the meeting. Generally it is secured creditors who attend, so that they can get information on assets you own that they have security over (such as a car loan or a mortgage).
Your creditors are permitted to ask you questions. Since you have sworn to tell the truth, you are giving answers under oath, and your answers will be recorded.
Because a trustee will generally hold many meetings each day, creditors are only permitted to spend a few minutes asking questions. In most cases 341 meetings only last for a few minutes.
Your bankruptcy attorney will provide you with more information on your 341 Meeting. Click here to find an bankruptcy attorney in your area.