Preparing for Your Bankruptcy Meeting of Creditors

All bankruptcy debtors are required by 11 USC §341 to attend a meeting of creditors or 341 meeting. This meeting allows a debtor’s creditors and the trustee to ask the debtor questions while under oath about his or her finances. The meeting of creditors is typically scheduled 40 days after the bankruptcy case is filed. The trustee assigned to supervise the case will preside over the meeting and ask the debtor the majority of the questions. If a debtor fails to appear at the scheduled meeting of creditors, the trustee will postpone the meeting and delay the case, or possibly dismiss it altogether.

Your Bankruptcy Attorney And/or the Trustee Will Provide the Debtor With Instructions on What Type of Documentation Will Need to Be Produced at the 341 Meeting, but Below Are a Few General Tips to Consider:

  • Financial records. A debtor must bring a form of identification issued by the government, such as a driver’s license or passport. You must also show proof of your Social Security number, which can be found on your Social Security card or a W-2 form issued by your employer.
  • Preparation. You should appear at your meeting of creditors on time and in appropriate attire. You should also review all of your bankruptcy pleadings             before your 341 meeting to verify that they are true and correct. This will also help you prepare for the questions you may be asked by the trustee.
  • Full disclosure. When you file a personal bankruptcy, the court requires you to make full financial disclosure. This means that you must honestly answer questions regarding your assets, debts, income and expenditures.

Although every meeting of creditors is different, the majority of them are fairly casual and don’t last very long. You may have several creditors appear or none at all. With a seasoned bankruptcy attorney by your side, you will be prepared for whatever happens.

If you are considering filing a bankruptcy and you need help determining which type of filing would be best for you, contact Fitzgerald Campbell to schedule an appointment. We do not offer just one debt relief option, we don’t push you in one direction. If bankruptcy right for you, we will tell you. If it’s not, we will tell you that. If bankruptcy is your get out of debt plan, it needs to be done right. It needs to be in the hands of experienced lawyers who have been there before. Contact us today!