One of your obligations as a debtor in a bankruptcy filing is the 341 Hearing, or Meeting of Creditors. 341 Hearings are usually scheduled 30 – 40 days after the filing date of your petition. The Hearing is held in a conference room inside the Federal Courthouse. You will attend and answer any questions the Trustee may have, as well as answering the questions of any creditors who are in attendance. Typically, creditors do not appear at the 341 Hearing. Sometimes a secured creditor, such as a mortgage holder or a lender for a vehicle loan, will appear in order to be assured that their collateral is in good condition and properly insured.
Here are some helpful tips to prepare for your 341 Hearing:
- Be on time. If you fail to appear your bankruptcy case can be dismissed.
- Bring a Photo ID and your social security card.
- Bring with you any documents that your attorney or bankruptcy trustee instructs you to have with you at the 341 Hearing. If you fail to bring these documents, your 341 hearing may be rescheduled in order to provide these documents.
- Be prepared to answer all questions asked of you completely and honestly. Keep your answers short and don’t answer questions that were not asked of you.
- Don’t wear flashy, revealing, or distracting clothing or jewelry.
- Don’t bring your children to your 341 Hearing.
- You cannot bring cell phones, weapons, or pocket knives into the Federal Courthouse.
Here are some examples of questions you may be asked by the Trustee:
- State your name.
- What is your address?
- Are you married?
- Did you list all assets and debts on your petition?
- Did you read or have read to you your bankruptcy petition before it was filed?
- Did you sign it?
- Did you authorize your attorney to file the petition on your behalf?
- Are there any errors or omissions?
- Have you sold or given away any property before filing?
- Do you have any claims against anybody?
- Are you involved in any lawsuits?