Skip to main content

Please tell me the significance of 341(a) meeting in a chapter 7 Bankruptcy case. Is Debtor required to attend?

Bridgewater, NJ |

I am a pro-se in a chapter 7 case in New Jersey. Trustee have filed the final papers and wants to close but I have Motions, I stated that I was not informed of 341 meeting .
Trustee submitted a reply that , I was present at the meeting and therefore must have notice of meeting, Yet I am Lying . Furthermore, I got a discharge which could not be given without 341a meeting and with Debtors presence?
This is incorrect, I was not informed, I was not present at the 341a meeting. I checked the Minutes of Meeting Document on Pacer , and it does not show my presence, although my then attorney was present.Is my presence required as a Debtor? If that is true, how did Trustee went ahead without my presence? Did trustee break any rules of he Bankruptcy court? What I need to do?

Attorney Answers 4

Posted

To answer the exact question you asked, yes, a debtor has to attend the 341 meeting. The rest of your question doesn't make any sense to me. Start by asking a new question that details the "motions" you want to file.

Mark as helpful

3 lawyers agree

1 comment

Asker

Posted

Thank you.The case is very complex. I filed chapter 13 in 1999, converted by court to chapter 7. This is a high assets case. Trustee sold all 4 rental , producing $10, 000 monthly rents.Also sold vacant land and my principal residence, forcing me to move from USA to Sharjah, UAE, to seek low cost living. I was expecting Hundreds of thousands returned to me , as equity was very high in properties. When Trustee tried to close the case in 2008, Giving me ZERO. I became very suspicious, Trustee would not give me any accounting, Finally upon writing a letter to Judge copy to Trustee , Trustee send me , Form 2, accounting ledger. I am not an attorney or an accountant, but upon going through trustee's accounting, notice that:1) IRS taxes , penalties and interest of $170,000/.2) Trustee was handed over rental properties, with leases, for about 2 years, had hired a property manager, shows expenses, but show NO RENTS RECEIVED.3) Pays all secured and un-secured loans at 100% but not Students Loan. As I was left with no money , no attorney will take my case, I had no money . I decided I must fight. As a pro-se I filled many Motions.My Motion on IRS taxes was taken by the bankruptcy Judge, after a long trial, the Trustee's hired CPA fought the case ,I won, Trustee was Surcharged $98,000/. for penalties and interest paid to IRS. I filed a Motion that Students loan now deducted from my Social Security Retirement, should have been paid by the Trustee, as all secured ad un-secured loans were paid 100% .By this time the Judge had closed the case upon Trustee's request, denying my previous Motion, I appealed. When the Motion of Students ;loan was filed, it was not docketed by clerk as Motion, but as correspondence.. After the date of hearing passed, and no action, no hearing , I e-mailed to Bankruptcy Judge , Judge replied by E-mail that your case is closed and no hearing will be on your Motion. Seriously worried, I wrote a letter to the Chief Bankruptcy Judge, asking that a new Judge be assigned, The Chief Judge replied that he can't appoint a new judge, but that my only recourse should be to appeal. I did. Appeals court sends back the case to Bankruptcy judge asking why a hearing was not conducted ? Bankruptcy Judge conducts a hearing in Oct,2012, OUTCOME = RESERVED. Trustee files a brief , in reply to my Motion, few things I list in my Motion are , Trustee is already found guilty and Surcharged by court order, $98,000., for misappropriation of estate funds as he paid $98,000 in interest and penalties to IRS. and that I was not even informed of 341 meeting. Trustee replies:That I, Debtor was present at the 34 meeting and that i am Lying. I checked minutes of 341a meeting at court Docket, found that my then attorney was present but not me. So, I was not present, I did not have any information about the 341 meeting. I did not attend 341 meeting. Trustee is further saying that because you did get a discharge , you were at the meeting,?

Posted

A debtor's attendance at the 341 meeting is mandatory and can only be waived with a motion. You should have received notice of the meeting in the mail if your correct address was on the petition. Usually a debtor has to show the Trustee a social security card and driver's license before he/she will take any sort of testimony. Your hearing should have been passed to another docket date or the Trustee should have dismissed your case. You can contact the United States Trustee and contact the clerk of the court to see what you need to do as I'm sure the judge would be very interested if what you say is true.

The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

The court Docket on Pacer shows mailing to me at my address, but I did not get any notice of 341 meeting from any one. The chapter 7 trustee claims that I,debtor, was present at the 341 meeting, I was not, I also checked on Pacer, Minutes of 341 Meeting, I was not present, but my then attorney was present.Trustee claims that as I got a discharge it is proof that I attended the meeting.Did Trustee breaks any bankruptcy laws?

Posted

The 341 meeting is very significant. If you were represented by an attorney, why are you pro-se now? Your case seems to be much more complex than a few questions in a forum can answer. I suggest you hire an attorney.

Mark as helpful

2 lawyers agree

Posted

You are required to personally attend and answer questions under oath. Not doing so can get your case dismissed. It does not sound as though the trustee did anything wrong. If your case is dismissed because you did not appear and testify, that will create major problems for you if you want to re-file another bankruptcy within 12 months. I strongly suggest you respond to any motions filed by the trustee and get qualified legal counsel without delay.

The foregoing answer is for informational and educational purposes, not for purposes of legal representation. This answer is based on New Jersey law and is necessarily general in nature.. Laws in other states may be different, and each situation is different, so this answer might not apply accurately to you. No attorney client relationship is to be implied from this answer. Always seek independent legal advice.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

My case was not dismissed, rather I a was given a discharge. I did not have any information about 341 meeting, Trustee claims that I, Debtor, was present at the 341 meeting that is why I got the Discharge. I checked at the Minutes of 341 meeting, my then attorney was present, I was not.How did it happen? Did trustee breaks any laws?

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics