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Understanding the Process of a Section 341(a) Creditor’s Meeting

Whether you are filing for Chapter 7 or 13, bankruptcy can be intimidating and complex for many filers. When you file for bankruptcy, you must attend the 341 Meeting of Creditors, which is a hearing to go over your bankruptcy petition with the trustee and creditors. 

What Is The Purpose of a 341 Meeting?

The 341 meeting’s purpose is simple: it is designed to give your creditors a clear understanding of your debts. The “meeting of creditors” also functions as a review session: a Bankruptcy Court Trustee will verify, in detail, that the individual in question is eligible for the bankruptcy they are filing.

Am I Required to Attend the Meeting?

Filers must attend the hearing, as it is a serious and necessary part of the bankruptcy process. If you do not attend your meeting, you can risk the trustee dismissing your case.

Creditors, on the other hand, are not required to show up.  

What Questions Are Asked During a 341 Meeting?

The trustee will ask you questions that basically verify you’ve done everything you were supposed to do:

  • Did you list all your financial information correctly?
  • Were you transparent in listing all of your debts?
  • Have you been using your credit cards?
  • Is this your first bankruptcy?
  • What types of real estate and real estate do you own?
  • What is the reason you are filing for bankruptcy?

While a 341 meeting can be intimidating, the experience can be very manageable if you’re prepared.

Can I Get a Record of the Meeting?

Yes, the state of New York will provide a transcript of the meeting upon request.

Tips on How to Handle Your Meeting of Creditors

Preparation

In most cases, the 341 meeting is between you, your attorney and the trustee assigned by the U.S. Bankruptcy Court: it is likely that your creditors will not be there. Work closely with your attorney. Prepare all the vital information you will need to get through the bankruptcy process. While you may not be looking forward to Chapter 7, it is your legal right to receive bankruptcy debt protection if you meet the requirements.

Be Transparent

Most importantly, be completely honest and accurate when presenting your case during the 341 Meeting. You and your attorney must work together to present a comprehensive portrait of your debt, leaving out no minor details. If your approach is one of total transparency, then you can expect a successful 341 meeting.

We're Here to Guide You

When you file your bankruptcy case with The Law Office of Julio E. Portilla P.C., we guide you through each step of the process, from the paperwork to the Meeting of Creditors. We are always available to answer your questions. Feel free to contact us.

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