Bankruptcy – Section 341 Meeting of Creditors

Posted on February 5, 2014 at 11:04am by

If you filed for bankruptcy in Kansas under Chapter 7, a meeting of creditors is required by section 341 of the Bankruptcy Code. It is often referred to simply as a 341 meeting. Your presence is required and notice is given to all your creditors to allow them to appear if they so choose.

When and Where Does the 341 Meeting Take Place?

The 341 meeting of creditors is scheduled for some time between 21 and 40 days after you file your bankruptcy. The meeting will likely be held in a conference or meeting room at the court house, but not in a courtroom.

Who Attends?

The trustee who was assigned to your case attends and is in charge of the meeting. The trustee reviews all the paperwork you filed with your bankruptcy petition in preparation for the meeting.

You are required to attend the meeting with your bankruptcy lawyer. If you fail to appear, the trustee may dismiss your petition. Before the meeting starts, you will need to provide the trustee a photo ID and proof of your Social Security number. If the trustee wants you to bring any other documents to the meeting, you or your attorney will be notified of that prior to the hearing. If you show up without the requested documents, the meeting will likely be postponed or your case dismissed.

Any of your creditors may choose to attend the meeting with or without their attorneys. In reality, most creditors of unsecured debts choose to skip the meeting. An exception may be a credit card company if you incurred excessive debt shortly before filing your petition. Secured creditors, like the holder of your mortgage or car loan often choose to attend.

What Happens at the 341 Meeting of Creditors?

The Trustee can ask you any questions about your financial situation and the authenticity of the documents you have provided. You must answer all questions under oath and your bankruptcy attorney will be with you to assist. Creditors may be allowed to directly ask you questions, but if they want in depth information, they should request another hearing, called a Rule 2004 Examination that will be scheduled for a different date and time.