Every person who files for bankruptcy must attend a bankruptcy hearing, which is also known as the Meeting of Creditors or the 341 Hearing (so titled because the hearing is required by section 341 of the federal Bankruptcy Code).
Our goal is to ensure our clients are properly prepared for the Meeting of Creditors. While it has an intimidating name, generally the meeting lasts about 10 minutes and usually, creditors do not attend the meeting.
Purpose of the Meeting of Creditors
The purpose of the Meeting of Creditors is to give the bankruptcy trustee assigned to your case the opportunity to: verify your identity, question you under oath under penalty of perjury, examine your case for bankruptcy fraud, and determine if you have unprotected assets for the trustee to seize and sell to pay back some or all of your creditors. The bankruptcy trustee’s role is to oversee and administer your bankruptcy case.
Preparing for the Meeting of Creditors
Once we file your case, we will be notified of the date, time, and location of the Meeting of Creditors. Generally, it will be set for about a month after your case is filed.
Be prepared to be questioned under oath by the bankruptcy trustee assigned to your case. The meeting is conducted by the bankruptcy trustee, and there will not be a judge present. It is not held in a courtroom but is typically conducted in a conference room or other type of office space.
Generally, the questions will be routine and easy to answer. Be prepared to answer honestly and concisely. Common questions the trustee may ask include:
- Did you review your bankruptcy petition and schedules before you filed them with the court?
- Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge?
- Has anything changed since the date you filed your case?
- Did you list all of your debts?
- Did you disclose all of your assets?
If you are asked a “yes” or “no” question, answer with only a “yes” or “no.” Do not offer more information than what is being asked.
Creditors at the Meeting of Creditors
Creditors rarely attend the Meeting of Creditors. All of your creditors will be notified of the date, time, and location of the meeting and they have the right to attend. They may only ask you questions pertaining to your bankruptcy petition, and the nature and location of your assets. Your creditors do not have the right to grill you, harass you, or threaten you. They cannot demand an answer as to why you’ve filed for bankruptcy.
We Attend the Meeting of Creditors With Our Clients
The Meeting of Creditors is often a point of concern or worry for many of our clients. Know that if you hire us to file your bankruptcy case, we will not only prepare you for the meeting, but we will be sitting by your side at the table.
For over 35-years we have proudly served the people in Savannah, Richmond Hill, Hinesville, Pooler, Port Wentworth, Tybee Island, Clyo, Ellabel, Midway, Springfield, Pembroke, Brooklet, Garden City, and Ludowici, Georgia.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.