When is 341 meeting

The meeting of creditors is a hearing all debtors must attend in any bankruptcy proceeding. The meeting of creditors is held outside of the presence of the judge and, depending upon the case chapter, usually occurs between 21 and 50 days after the filing of the petition. In chapter 7, 12, and 13 cases, the trustee assigned to the case conducts the meeting. In a chapter 11 case, a representative of the United States Trustee conducts the meeting. The meeting permits the trustee or the representative of the United States Trustee to review the debtor's petition and schedules with the debtor.

The debtor is required to answer questions under penalty of perjury swearing or affirming to tell the truth about the debtor's conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case or the debtor's right to discharge. In addition, the trustee or United States Trustee representative will ask questions to ensure that the debtor understands the bankruptcy process.

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Popular Courses. Part Of. Bankruptcy Basics. Types of Bankruptcy. Personal Bankruptcy. Corporate Bankruptcy. Bankruptcy: Your Legal Rights. If you filed your Chapter 7 bankruptcy with our office, we would also follow up with you to confirm you are aware of the date, time, and place. In every case, the Chapter 7 trustee will verify your identity through photo ID and proof of social security number.

You can prove your social security number through your social security card or through a W2 or displaying the number. If possible, you should try to have your social security card.

The meeting only lasts a few minutes in most cases, but this seems to be the part of the process that scares my clients the most. In most cases the Chapter 7 trustee will ask a number of questions about your bankruptcy petition:.

There are no trick questions. The location of the meeting and specific procedures are different for each trustee. For example, some trustees ask that you fill out a questionnaire at the meeting. We will be providing specific videos for each of the trustees that we work with frequently so that you can be prepared. In many ways, Chapter 13 meetings are similar to those in Chapter 7 with a few notable exceptions.

The main difference between a Chapter 7 and Chapter 13 is that a Chapter 13 is a voluntary repayment plan. In addition to the questions above, the trustee will likely ask the following questions:.

The trustee will also review your Chapter 13 plan with you and with your attorney. If there are any issues with your Plan, the trustee will ask your attorney to correct it.

This is nothing to worry about. There are normally some corrections that need to be made. Additionally, the trustee may inform you of what additional documentation is required in order for your Chapter 13 Plan to be confirmed. A Chapter 11 meeting is very different from those in Chapter 7 or Chapter In a Chapter 11 bankruptcy , there is rarely a trustee appointed.

Chapter 11 meetings tend to be much longer than those in Chapter 7 or Chapter Many times, the United States Trustee will schedule meetings every hour and will use the whole hour to question the debtor. The United States Trustee will typically review the bankruptcy petition and bankruptcy schedules with the debtor and ask any questions that may arise.

The attorney will normally review his or her thoughts on the timeline for the case and the Chapter 11 plan. If you are filing a Chapter 11 bankruptcy with our office, we will spend time reviewing everything prior to the meeting so that you are prepared. Never hesitate to reach out to our office during any part of the process.