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341 Creditor's Meeting

Posted by attorney Mohammed Badwan

Everyone that files bankruptcy MUST appear before the US Trustee at a meeting known as the 341 creditor's meeting. The purpose of the 341 meeting is for the Trustee to gather information about you for the benefit of the creditors. The Trustee's main objective is to verify the information on your petition and to liquidate any non-exempt assets to pay the creditors (in a Chapter 7). The meeting is not a formal court appearance as a judge will not be in attendance. Creditors can attend the meeting and inquire about your assets. Based on my experience, creditors will attend less than 1% of all meetings. Once the meeting begins, the Trustee will place you under oath and proceed with his/her line of questioning. Typically, the questioning lasts anywhere between 5-15 minutes. He will inquire about your assets and their values. For the most part, the meetings are not adverserial; more of a fact gathering method. Many filers are needlessly nervous about the meeting. As long as you have truthfully disclosed all of your assets, there is no cause for stress or concern. I will address the specifcs of the line of questioning in a legal guide in the near future.

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