The United States Bankruptcy Code allows for different types of bankruptcy under certain circumstances. Only some of these are available to individuals, with the two most common types of bankruptcies being Chapter 7 and Chapter 13 bankruptcies. Even though the steps taken to discharge debts are different, both Chapter 7 and Chapter 13 bankruptcies must take a few common steps. One of those steps is the meeting of creditors, also known as the “341 meeting of creditors” or the “341 hearing” after the portion of bankruptcy code it is written into. No matter the type of bankruptcy you end up filing for, understanding the steps of the bankruptcy process are important.

What Is a 341 Meeting of Creditors?

In most cases, you will not have to appear in court before a judge to complete your bankruptcy. One of the most important steps of the bankruptcy process is the 341 meeting of creditors, which typically takes place in a courthouse, with a trustee presiding over the hearing, rather than a judge. The purpose of the meeting of creditors is essentially for the bankruptcy trustee to verify your identity, ensure your forms are filled out correctly and that all of the information given is accurate.

What Will Happen During the Meeting?

At your meeting of creditors, your trustee will likely also have scheduled other cases to be heard at the same time. Once your name is called, your trustee will ask you to verify your identity before beginning. Once you have done that, the trustee will then have the opportunity to ask any questions pertaining to your finances, such as whether or not you are expecting any sources of income in the future, such as inheritance. Your trustee may also ask you to verify information about your job, income, assets, and other information they wish to clarify. Your creditors, or the entities you owe money to, are notified of the hearing and have the opportunity to appear at the hearing and ask questions relating to your financial situation, though this is uncommon.

Once you have made the decision to file for a Chapter 7 bankruptcy, prepared and filled out all required paperwork and filed that paperwork, you will have to attend a meeting. This meeting is referred to as a 341 meeting of creditors and will take place at a time, place, and location that is determined by the bankruptcy court and will include your bankruptcy trustee and creditors. This can be a nerve-wracking time for you because the trustee will ask you a series of questions about your application to ensure you are not trying to commit bankruptcy fraud and to discover whether or not you have nonexempt assets that could be sold to repay all or part of your debts.

During the Meeting

Prior to the 341 meeting of creditors, the bankruptcy trustee will have already reviewed your paperwork and financial records. During the meeting, the trustee will ask you a series of questions to gather more information about your case. By federal law, during the meeting, the trustee is required to ensure that you are aware of: