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What happens after the 341 meeting in a chapter 7 bankruptcy

Brooklyn, NY |

after the meeting, does this mean debts are discharged?

Attorney Answers 5

  1. If your lawyer has done a good job and the chapter 7 trustee has completed his or her due diligence on your case, then the only thing that may remain to be done is to wait the approximately 60 days that it will take for the court to issue your discharge order. If you haven't completed the Financial Management Course, you will want to do that within 45 days after your creditors' meeting and then make sure that your attorney files the completion certificate with the court (otherwise you will not receive a discharge). You may also have auto loans or other secured loans that you may want to reaffirm. Discuss the pros and cons of reaffirming secured loans with your attorney.

  2. The previous answer was very good. I would only add that your attorney should review with you before the creditor's meeting the type of questions that are asked. The questions include whether all of the schedules are truthful and accurate, how you arrived at the values for assets such as a house and cars, whether you have filed a previous bankruptcy, whether anyone owes you money, and the like.

    Be sure to take your social security card and a drivers license or other form of government issued photo ID to the creditor's meeting.

    Filing bankruptcy requires thorough review of all of your debt, income and assets. Do not file a bankruptcy without retaining experienced bankruptcy counsel in your jurisdiction to guide you through the complexities of bankruptcy law and procedure.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  3. The main objective of a 341 is to determine if you have any non-exempt assets. The trustee will ask YOU and not the attorney questions regarding your home, cars, job, etc. It is vital that your attorney discloses the questions that you will be asked prior to the 341. Typically the 341 will last anywhere between 5-15 minutes. If your answers do not match your petition, then the trustee will smell blood in the water. Keep in mind that you are under oath, so be as truthful as possible. Good luck!

  4. The debt is not discharged until an "order of discharge" is entered, which is typically 60 days from the 341. If the trustee decides to open your estate for distribution, then the order of discharge will take a lot longer.

  5. No there is a 60 day waiting period within which creditors or other parties can object to your case

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