If you have decided to file for Chapter 7 or Chapter 13 bankruptcy, you will be required to attend a meeting after your case is filed. This mandatory meeting is called a 341 meeting, or a meeting of creditors, which is required under section 341 of the U.S. Bankruptcy Code. There is no need to stress out about the meeting, however. Our bankruptcy lawyers at DebtPros will fully prepare you for the meeting beforehand and answer any questions you may have. Below is a breakdown of what to expect.
What is a 341 meeting of creditors?
The 341 meeting is not in front of a judge or in a courtroom. Instead, it is with the trustee appointed to your case. Currently, these meetings are held over zoom and one of our bankruptcy lawyers will be on the zoom call with you. The purpose of the meeting is for the trustee to ask you questions under oath and ensure everything in your petition is truthful and accurate.
The meeting will typically be scheduled 20 to 40 days after you filed for bankruptcy. In a Chapter 7 bankruptcy, the trustee will review your petition to determine if there any non-exempt assets the trustee can sell or liquidate. In a Chapter 13 bankruptcy, the trustee will review your filed reorganization plan and petition to see if you are able to afford making your trustee payments. They will also look for any inaccuracies that need to be changed in your bankruptcy petition.
How do I prepare for my 341 meeting?
Because you hired DebtPros to represent you in your bankruptcy case, you will not be required to send any documents to the trustee directly. Instead, we will take care of that for you and likely have all the necessary documents already. To hold the meeting, you will need your ID and Social so the trustee can verify your identity.
As stated previously, you will be under oath during the meeting. This means you must answer all the questions truthfully and honestly. However, it is advised you keep your answers short and only elaborate if asked to. If the trustee asks any questions that are irrelevant, our bankruptcy lawyer will instruct you not to answer or ask the trustee to rephrase the question.
With respect to preparing for the questions the trustee will ask you, we will give you a call prior to your meeting to review your paperwork. You can, however, prior to the meeting, review your bankruptcy petition on your to remember what was filed.
What is normally asked at 341 meetings?
The questions asked at a 341 meeting vary depending on the trustee assigned to your case. However, the most frequent questions are:
- Did you read and review the paperwork your lawyer prepared before filing?
- Is this your signature on the paperwork?
- Have you listed all the creditors you owe money to?
- Do you have any child support or alimony payments?
- Do you have any pending lawsuits against a third party?
- Have you inherited any property?
- Have you lived in Illinois the past 180 days?
- Have you previously filed for bankruptcy?
- Did you list all the property you own in your petition?
- Are there any changes you need to make to your petition?
- Has your income status changed since filing?
Talk to an experienced Chicago bankruptcy lawyer today!
Whether you have already filed for Chapter 7 or Chapter 13 bankruptcy and have questions about your case and the 341 meeting or are thinking about filing for bankruptcy, give us a call at (312) 883-5422 to speak with one of our bankruptcy lawyers today.
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