The 341 or Creditor’s Meeting

  • By:Hoosier Bankruptcy

During the initial meetings, you will hear us speak of the 341 Meeting or Meeting of Creditors. This will be face-to-face between you and the Bankruptcy Trustee or their staff attorney. It is possible that some of your creditors will attend the 341 Meeting as well.

The 341 meeting will normally take place 3-4 weeks after your bankruptcy case has been filed. You will receive a written notice form the Bankruptcy Court in the mail, which notifies you of the date, time and place of the meeting. You should leave early enough to provide you with adequate time to find suitable parking, locate the building and to clear federal court security, which is normally stricter than TSA at the airport. Your dress does not need to be formal, but reasonable business attire is preferred. Button down shirts and khaki style pants for men; women should avoid shorts, tee shirts or tank tops, midriffs or sports type clothing. Likewise, flip-flops are not favored. Young children who have behavioral issues should be left at home with appropriate supervision if possible, to avoid distractions or objections by the Trustee.

In preparation for the 341 meeting we provide clients with a list of questions that are likely to be asked by the Trustee. Some of these may be specific to your case. You should make certain that you have a valid driver license or state issued I.D., as well as your social security card, as both will be required to conduct your meeting. You should also bring with you your most recent pay stub(s) and any other information that your attorney or the office requests.

Your 341 meeting will generally take about 15 minutes and most of the issues covered will have been previously discussed with you or covered in the handouts. One of your attorneys will be at the meeting and will assist you to make sure it goes as planned.

After the meeting has concluded, we will answer any questions you might have and provide you with instructions on what to do next. If you haven’t completed the second debtor education program, you should do so immediately and notify the office.

The bankruptcy code provides that, a discharge can be granted sixty days after the conclusion of the 341 meeting for Chapter 7 debtors. It is most common to receive the discharge order sometime between sixty and ninety days post 341. Objections to the discharge can be filed; if such occurs, we will be in contact with you to discuss the details of the objection and to map a strategy for defending against the objection.

In Chapter 13 cases, the 341 meeting is generally used by the Trustee to discuss the terms of the proposed plan. The Trustee may recommend “confirmation” of the plan at such time or may request changes or concessions to the plan. Occasionally, due to a delay in claim filing by creditors, the Trustee can neither recommend confirmation nor object to the plan. It is not uncommon for discussions and negotiations to continue between your attorney and the Trustee in the weeks following your 341 meeting.

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