What is a 341 Meeting of Creditors in a Bankruptcy Case?

Anyone who is considering or is planning to file for Chapter 7 or Chapter 13 bankruptcy should learn more about the steps of the bankruptcy process that they should expect. Generally speaking, the steps in your individual bankruptcy process will depend upon whether you file for Chapter 7 or Chapter 13 bankruptcy, as well as the specific financial details of your case. However, regardless of the particulars of your bankruptcy case, you will need to plan for the 341 meeting of creditors — this is a requirement of every bankruptcy case. What is the 341 meeting of creditors, and what should you expect? An experienced St. Petersburg bankruptcy lawyer can help.

Learning More About the 341 Meeting of Creditors 

The 341 meeting of creditors is a hearing that is required for all bankruptcy cases under the US Bankruptcy Code. The Middle District of Florida clarifies that the hearing is where every debtor is required “to appear and submit to examination under oath.” In short, the 341 meeting of creditors is a hearing at which the trustee will confirm information with the debtor that the debtor submitted in their bankruptcy filing, and at which the trustee can address any concerns about the debtor’s case by questioning the debtor.

The 341 meeting of creditors is usually quick, but some 341 meetings can take longer than others depending on the amount and nature of the questions that the debtor must answer.

Questions at the 341 Meeting of Creditors 

At every 341 meeting of creditors, there are particular questions that the trustee will ask. The US Department of Justice explains that there are particular required statements or questions that debtors should expect. Some examples of those questions include:

• Stating your name for the record and confirming your current address;
• Confirming that you read and signed your bankruptcy petition, schedules, statements, and any related documents;
• Confirming that all of your assets have been accurately identified on the schedules you submitted;
• Providing the address of your current employer;
• Answering whether or not you have any domestic support obligations; and
• Clarifying whether or not you have filed for bankruptcy in the past.

Debtors may also be asked questions that are specific to their filing, such as questions about their business (if the debtor owns a business or is a sole proprietor), types of bank accounts the debtor holds, expectations concerning inheritances or insurance proceeds, and whether anyone is currently in possession of any of the debtor’s property.

Contact Our St. Petersburg Bankruptcy Attorneys for Assistance 

If you are considering a Chapter 7 or Chapter 13 bankruptcy case, or if you are ready to file, it is important to get in touch with an experienced St. Petersburg bankruptcy attorney at the Law Offices of Stephen Barszcz to discuss the details of your case and to prepare for your filing. Bankruptcy law is extremely complicated, and it is critical to have an advocate on your side who can ensure that you meet all of the detailed requirements of the US Bankruptcy Code, and who can answer any questions you have throughout the bankruptcy process. Contact us today for assistance.

Sources:

justice.gov/sites/default/files/ust/legacy/2012/11/29/Section_341%28a%29_Meeting_Questions.pdf

flmb.uscourts.gov/announcements/documents/judge/UST_Instructions_for_Telephonic_341_Meetings_and_IDIs.pdf