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Bankruptcy and the 341 Meeting of Creditors

Within 30 days of filing a Chapter 7 or Chapter 13 Bankruptcy, the Debtor is required to attend a 341 Meeting of Creditors. The date is automatically set by the Court, and unless there’s a serious emergency, cannot be rescheduled.
At the meeting, the Bankruptcy Trustee assigned to your Case will ask you questions about your bankruptcy petition and related schedules, and all responses are under oath and under 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 payment 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 as to the number of questions 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.


Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney with more than 13 years of experience in consumer Chapter 7 and Chapter 13 cases. Robert regularly practices in the Miami, Fort Lauderdale, and West Palm Beach Divisions of th... Read More

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