What is a 341 meeting of creditors?

January 26, 2010

 

When you file for bankruptcy, you must make one appearance in court. This appearance is formally called the meeting of creditors. It has been given the nickname of “341 meeting” because it is required by section 341 of the bankruptcy code.

The trustee assigned to your case presides over the meeting and will ask you questions about your assets, liabilities, bankruptcy petition, schedules and related documents that you have filed. You will be sworn in and must answer these questions under oath. The meeting will be recorded either on video or by a court reporter.

Your creditors are invited to attend the 341 meeting, but they are not required to be there and it is rare for creditors to come. Creditors, if they do come, are allowed to ask you questions as well.

The 341 meeting is not like a trial. You do not have to “prove” your case. All you have to do is answer the trustee’s questions fully and honestly. The trustee is simply verifying the information you have provided in your filings and determining whether any information may be missing.

These meetings are typically quite short, usually lasting only about 15 minutes, and your Texas bankruptcy attorney can attend the 341 meeting with you and answer any questions you may have about the process.

 

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