What is a 341 Creditor Meeting in a bankruptcy case?
WHAT IS A 341, AKA "CREDITOR" MEETING?: A 341 meeting is the first, and sometimes the last, important Court date for a consumer bankruptcy case. At the 341 Meeting the Trustee and any creditors who choose to participate can ask you detailed questions about the documents you have filed, to include your income, transfers made within the last few years, bank statements, income from live-in partners or dependents, and a number of other questions. Although it sounds tough, most Debtors can make it through a 341 Meeting of Creditors in a few minutes without having any major issues.
WHAT DO I NEED TO BRING?: A Debtor must verify their identity to participate in the 341 Meeting of Creditors. This requires a Debtor to bring their Social Security card and Driver License to a 341 Meeting of Creditors. Although the meetings are temporarily by phone due to Covid-19, these documents will still be required by the Trustee through the internet.
WHAT SORT OF QUESTIONS SHOULD I EXPECT?: A bankruptcy professional can help you plan for the questions that a 341 Meeting of Creditors will likely involve. The Trustee and creditors can typically ask any questions pertinent to the petition, schedules, and any other statements made under oath or filed with the Court. The 341 Meeting of Creditors is held under penalty of perjury, so it is important for Debtors to understand the questions and answer them to the best of their honest ability.
WHAT HAPPENS AFTER THE 341 MEETING OF CREDITORS?: Typically, about 60 days after the 341 Meeting of Creditors the bankruptcy Court will enter a "discharge." This applies to Chapter 7 cases.
In Chapter 13 cases, after the 341 Meeting of Creditors, the Trustee will either recommend changes or object to the plan. If no objections are lodged and prosecuted at the confirmation hearing, many Debtors will receive a confirmation of their plan within a matter of weeks following the 341 Meeting of Creditors. This does not grant the discharge, but it jumps a significant hurdle in receiving the Chapter 13 discharge.