Bankruptcy and the 341 Meeting of Creditors

Vector 5 min
top badge sec upd 1 mi min
top badge sec upd 2 mi min (1) min

Within 30 days of filing a Chapter 7 or Chapter 13 Bankruptcy, the Debtor is required to attend a 341 Meeting of Creditors. The Court automatically sets the date, and cannot be rescheduled unless there’s a severe emergency.
At the meeting, the Bankruptcy Trustee assigned to your Case will ask you questions about your bankruptcy petition and related schedules. All responses are under oath and by penalty of perjury.
At the beginning of the 341 Meeting of Creditors, the Trustee will verify your Identity and Social Security number to ensure it matches the information in the Bankruptcy filing. In a Chapter 13 Bankruptcy, you will also be required to have the first or all Chapter 13 plan payments due at that time in Certified Funds.

The section 341 Meeting of Creditors is also an opportunity for creditors in the case to ask the Debtor a few questions — also under oath. The Trustee is usually very strict regarding the number of queries allowed or the time permitted to ask questions. If a Creditor requires more time to conduct a further and more detailed inquiry, that Creditor would schedule a 2004 Examination for a later date.
An experienced bankruptcy attorney can advise you in more detail and help you avoid any pitfalls or missteps in this process.
The above information is intended solely for informational purposes and is not legal advice nor a substitute for legal advice. Each case is different, and you should always consult with an attorney.

 

Cancel Your Bankruptcy in Florida? Read This Before You Act

Cancel Your Bankruptcy in Florida? Read This Before You Act

At a Glance There’s no “cancel button”: You can dismiss a case, convert it to a different chapter, or let the court dismiss it for non-compliance—each path has tradeoffs.Chapter 13: Debtors generally may file a notice of voluntary dismissal (11 U.S.C. § 1307(b)), but...

read more
Florida Veterans and Debt Relief with Stiberman Law

Florida Veterans and Debt Relief with Stiberman Law

Legally reviewed by attorney Robert Stiberman At a Glance VA & DoD disability benefits — Generally protected from creditors and excluded from the bankruptcy means test after the HAVEN Act (11 U.S.C. § 101(10A)). VA benefits & garnishment — VA benefits are...

read more