Whether you are filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will be required to attend a creditor’s meeting (also known as a 341 Meeting of Creditors). The Court schedules the date and time of your creditors meeting after your bankruptcy has been filed and a bankruptcy Trustee has been assigned to your case. The creditors meeting is a requirement of the bankruptcy code and it is mandatory that you attend. If you filed a Chapter 7 bankruptcy your creditors meeting will usually take place approximately 30 days after filing. If you filed a Chapter 13 bankruptcy your creditors meeting will usually take place approximately 45 days after filing. The purpose of the meeting is for the Trustee to make sure all of the information in your bankruptcy is accurate and to have the opportunity to ask any questions he or she may have about information you included in your bankruptcy.
On the day of your creditors meeting you should plan to arrive 30 minutes to 1 hour prior to your scheduled meeting. It is very important that you bring your drivers license and social security card with you to your creditors meeting, this is to validate your identity. Your attorney will be present at the meeting as well as other debtors who are there for their 341 meeting. Your creditors are notified of the meeting and may or may not be present the day of the scheduled 341 meeting. The Creditors Meeting is run by the Trustee assigned to your bankruptcy case. You will be sworn in by the Trustee and then he or she will begin asking you some general questions as well as specific questions pertaining to your case. The creditors meeting is recorded so it is important to remember at all times that you are under oath and to answer the Trustee’s questions truthfully.
Common questions:
How did you determine the market value of your home?
How did you determine the value of your car?
Did you list all your assets?
Do you have an assets in the business not listed?
Do you pay or receive child support?
Do you pay or receive alimony?
Your bankruptcy attorney will provide you with more information on your creditors meeting and discuss other common questions that you may face.
My soon to be ex is filing chapter 7 in Orlando Fl and I recently moved to Nv. I take care of my elderly mother who has cancer . My question is : Can I forgo the 304 creditors meeting as it would pose a hardship on my mother and me. Thank you, Diane Culbert
Diane,
It sounds like you are not the one who filed the bankruptcy. If that is the case, then you do not need to attend the creditors’ meeting unless you would like to dispute something with your (ex) husband’s bankruptcy. If you do want to dispute something then you may be able to call or write the Trustee and let them know of any concerns.
You probably received a copy of the information about the creditors’ meeting because you may be a co-debtor on some of the debts and/or they listed you down as a creditor. I hope that help! Best of luck to you and your mother.
Duncan Law Team