Every Chapter 7 bankruptcy is administered by a Chapter 7 trustee. The trustee's main task is to sell nonexempt property to repay general unsecured creditors. When you file for Chapter 7 bankruptcy, you must attend a mandatory hearing called the meeting of creditors before you can receive a discharge. The meeting of creditors (341 hearing) is an important part of every Chapter 7 and Chapter 13 bankruptcy case. The meeting of creditors, also called the 341 hearing (because it is required by section 341 of the Bankruptcy Code), is where you meet with the trustee (not the judge.

At the meeting itself, the trustee will verify your identity and ask you a series of questions under oath, designed to confirm the contents of your petition and give you the opportunity to tell the trustee about any changes that have occurred since you filed your documents. Attending a hearing for the first time is usually stressful. Bankruptcy cases are administered by the federal bankruptcy courts, which are headed by bankruptcy judges.

Is the information contained in the petition and all accompanying documents true and correct? It also has its own language. It is also a good idea to bring copies of your last filed tax returns, current pay stubs, last three bank statements, car insurance, and property insurance available available to take with you. It is better to bring these documents and not need them then to need them and not have them and have to make another trip to the courthouse.

Although it’s unnecessary to give your documents to the trustee early, the trustee will appreciate it—and you want the trustee to be happy.Although the above list is not inclusive, it’s unnecessary to worry that a lender might unexpectedly appear at the meeting.Amendment by effective 180 days after Apr.

Have a claim against anyone else such as a slip and fall, car accident, someone owing you money etc.? Have you filed all required tax returns for the past four years? Have you listed all of your creditors on the schedules? Have you previously filed bankruptcy? Have you repaid any debts to family or friends in the last year?

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You must cooperate with the trustee, answer his or her questions, and provide any documents that he or she requests. You must provide these to the trustee at your hearing. You should contact your attorney to obtain advice with respect to any particular issue or problem. You should never guess at an answer.

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The bankruptcy administrator or the bankruptcy administrator’s designee may examine the debtor at the meeting of creditors and may administer the oath required under, United States Code. The chapter 7 or chapter 13 trustee conducts the meeting and will ask questions about the information you provided when you filed your bankruptcy. The majority of 341 meeting of creditors are concluded at the end of the hearing.

Her practice focuses on consumer bankruptcy, and she has more than 15 years experience in consumer bankruptcy. Herman is a partner at Herman & Russo P. How did you arrive at the values you listed for your personal property on your schedules? If you have not, you likely are not going to be eligible for bankruptcy relief unless you can get these done and quickly filed before a motion to dismiss is filed.

Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors. Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case.

The Trustee or a creditor may further examine you as a debtor outside of the Meeting of Creditors by way of a 2004(a) examination. The Trustee will return a portion to you representing any exemptions claimed and for the time period after you file bankruptcy. The average bankruptcy is about 50 pages long and contains information about your finances, assets, debts, income, and expenses.

And not applicable with respect to cases commenced under this title before Oct.Any transfers (giving or selling) anything to relatives or insiders in the past two years?
After the trustee places you under oath, you’ll be asked general questions about the accuracy of your bankruptcy filing, whether any information that you previously reported has changed, and whether you’re entitled to receive any money from any source.All bankruptcy filers must complete a post-filing financial counseling course (you completed the pre-filing course before you filed the petition).

You will be answering most of the questions. You will be asked if you are current on your post-petition domestic support obligations? Your creditors can also appear and ask you questions although most do not appear.

  1. (if you have filed a more recent tax return, be sure to give a copy to your attorney a week prior to the meeting, or bring a copy to the meeting if it is even more recent than that).
  2. A bankruptcy administrator appointed under section 302(d)(3)(I) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (note;), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (;), or the bankruptcy administrator’s designee may preside at the meeting of creditors convened under, United States Code.
  3. A creditor suspects that you committed fraud and wants to gather information before suing you.
  4. After the 341 has ended, follow up with your attorney to address any concerns or questions that you may have about the hearing.
  5. What is the reason for your bankruptcy filing? When the meeting starts, the trustee will take roll call, and, before calling individual cases, explain the process to the entire group. Will you go with me to the 341 meeting of creditors? You are also required to tell the trustee if you notice any errors or omissions. You are required to verbally respond to the questions as your responses are being recorded. You are the star of the show at the 341 meeting of creditors.

    Under section 405(d) of the bill, the present rules will continue to govern until new rules are promulgated. Use of and access to this article does not create an attorney-client relationship between the author of this article and the user or browser. Watch and listen to the hearings that take place before yours.

    Leave all recording devices and cameras in your vehicle as many locales will not permit these devices in the building. Leave your camera phone in your glove box as you will not be permitted to bring it into a federal building. Many jurisdictions schedule multiple hearings for the same time slot. Many venues have security similar to airport security. Next, the trustee will call each bankruptcy case.

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    It is important that you appear at your hearing on time. It is normal to experience anxiety before your 341 meeting of creditors. LII has no control over and does not endorse any external Internet site that contains links to or references LII.

    Some jurisdictions may require advance notice if an interpreter is needed. Some trustees will not conduct the hearing if you do not have both a photo id and proof of your social security number. Substituted “United States trustee may convene” for “court may order”. The Bankruptcy Code is vague on the timing of the Meeting of Creditors. The Meeting of Creditors is named as such for a reason.

    Dress appropriately and respectfully. Each trustee may ask different questions, so it is difficult to predict what you will be asked. Effective date and applicability of amendment by dependent upon the judicial district involved, see section 302(d), (e) of, set out as a note under, Judiciary and Judicial Procedure. Entitled to life insurance proceeds or an inheritance upon someone’s death? Everyone who must appear in court at a meeting called the “341 meeting of creditors.

    This debtors’ examination is under oath and you should review your petition and the following sample questions to be best prepared. This may be caused by a malfunctioning proxy server or browser privacy software. Thus, pending the adoption of different rules, the present procedure for the meeting will continue.

    Bankruptcy law requires you to give the trustee documents, called “521 documents,” at least seven days before the meeting. Be aware that many trustees require additional documents, too. Changes are, though, that you will never set foot in a courtroom or have occasion to meet a bankruptcy judge. Changes in employment are the most common change. Common errors and omissions are creditors that somehow were omitted from the original filing.

    At the end of a chapter 13 hearing, the trustee will announce his or her objections to your repayment plan. At the end of the Meeting of Creditors, the trustee may either conclude the meeting or continue the Meeting to another date.

    Our law firm has been designated by Congress and President Bush as a debt relief agency. Profile_title characters: 44}} {{market. Profile_title_short market.

    Confidential relationship is or should be formed by use of the site. Creditor participation is much more likely in business cases and family farmer cases. Creditors sometimes appear with reaffirmation agreements that they want you to sign promising to pay debt back.

    The meeting usually lasts only about ten to fifteen minutes and may be continued if the trustee or United States Trustee representative is not satisfied with the information presented. The trustee assigned to your case presides over the meeting. The trustee might also ask about specific issues raised by your petition, or request additional documentation. This can be embarrassing, difficult, and frustrating for a debtor, particularly if the debtor does not have a lawyer.

    Review these documents carefully and make sure you agree with the terms contained within and make sure repayment would not impose a hardship on you—You only have a very short period of time to rescind a reaffirmation agreement. Sample Trustee Questions at your 341 Meeting of Creditors: Tampa Bankruptcy Hearing Attorney Christie D. Sample Trustee Questions at your 341 Meeting of Creditors: Tampa Bankruptcy Hearing Attorney Christie D.

    • Section [Subsection] (a) of this section requires that there be a meeting of creditors within a reasonable time after the order for relief in the case.
    • Do not wear excessive jewelry.
    • Creditors are not required to attend these meetings, and do not waive any rights if they do not attend.
    • This is a good opportunity for you to see what types of questions your trustee asks.
    • If you do not bring these items the trustee will surely continue your Meeting to a future date!

    If you’re not comfortable with any of the steps outlined above or with appearing at the meeting by yourself, you should consult with a local bankruptcy attorney. In addition, the trustee or United States Trustee representative will ask questions to ensure that the debtor understands the bankruptcy process. In fact, if you have a straightforward case, the entire process will likely take less than five minutes. Inserted “including any final meeting of creditors”.

    Arrive early at the location where your hearing is scheduled to take place.

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