341 Meeting of Creditors
341 Meeting of Creditors
It is required that every Chapter 7 or Chapter 13 debtor be examined under oath at a hearing called the 341 Meeting of Creditors. The Meeting of Creditors is in place to verify your identification and to question you under oath as to the truthfulness of the documents that were submitted to the court. Creditors are also allowed to appear and question you but normally do not attend.
Tips for the 341 Meeting of Creditors
- Review carefully the documents that were filed with the bankruptcy court. If you find any corrections that need to be made notify your attorney/and or the bankruptcy trustee.
- Be truthful as your testimony is given under oath and subject to penalties for perjury.
- Allow the trustee to finish asking the question and listen to each question carefully before answering.
- Provide clear and concise answers and avoid lengthy answers filled with irrelevant facts.
- Tell the trustee you do not know the answer if you are unsure.
- Speak clearly and answer the questions with a verbal response as the proceedings are being recorded.
- Relax, your participation is usually lasts only a few minutes.
Requirements for the Meeting of Creditors
In order for the trustee to conduct the Meeting of Creditors you will have to bring with you an ID (usually a driver’s license) and your social security card. If you are missing either of these documents contact your attorney to find out what other forms of ID will suffice. If you do not bring with you the proper identification you will likely have to attend another hearing. Most trustees will also not conduct the hearing if you did not comply with the trustee questionnaire and request for documents that was mailed to you shortly after filing. Finally, it is recommended but not required that you bring with you a copy of your bankruptcy documents to help answer any questions that may be asked of you.
Common Questions Asked at the Meeting of Creditors
Below is a sample of the questions that most bankruptcy trustee’s ask at the 341 Meeting of Creditors. In addition to the questions below the trustee will normally ask questions specific to your case.
- What is your full legal name for the record?
- Do you swear or affirm that the testimony you will provide is true and accurate?
- Did you review the petition, schedules and statements, and all related documents before you signed them?
- Are all the documents true and accurate to the best of your knowledge?
- Are there any changes you need to bring to their attention?
- Did you list all your assets?
- Did you list all your creditors?
- Have you filed bankruptcy within the last 8 years?
- Have you ever filed bankruptcy before using a different name or social security number?
- Have you lived in Arizona continuously for the last 2 years?
- Have you resided in Arizona the 91 days prior to filing?
- Do you have a personal injury claim or a claim for insurance proceeds?
- Do you pay any domestic support obligations such as child support or alimony?
- Have you turned down an inheritance in the past or do you anticipate one in the near future?
- Did you read and understand the bankruptcy information sheet that was mailed to you?
- Are the tax returns you submitted true and accurate?
- Have you transferred or sold any property within the last two years?
- Have you repaid any loans to family members or friends within the last year?
Although the Meeting of Creditors is typically the only court appearance you will make in a Chapter 7 or Chapter 13 bankruptcy case, having an experienced Arizona bankruptcy lawyer on your side can alleviate some of the stress that comes along with attending a court hearing.