What is the 341 Meeting of Creditors? Do I need a bankruptcy lawyer in Tucson for the Meeting of Creditors?
341 Meeting of Creditors
It is normally required that every debtor in a Chapter 7 or Chapter 13 bankruptcy case be examined at the 341 Meeting of Creditors. The purpose of the hearing is to verify your identity and to have you testify under oath as to the truthfulness of the documents that were submitted to the court. The hearing is also an opportunity for your creditors to question you but they usually do not attend. For most debtors the Meeting of Creditors is the only hearing you will have to attend.
Meeting of Creditors Tips
- Review the documents that were filed with the court to make sure they are true and accurate. If you discover any errors notify your attorney and/or the bankruptcy trustee.
- Be truthful as your answers are given under oath and subject to penalties for perjury.
- Let the trustee finish asking the question and think carefully about the question before you answer.
- Answer the questions with clear and concise facts and avoid providing lengthy answers that include irrelevant information.
- If you don’t know the answer to a question tell the trustee you do not know or that you need more time. Do not provide an answer that you are unsure of.
Meeting of Creditors Requirements
In order to be examined at the Meeting of Creditors you will need to bring with you your driver’s license and social security card. If you do not have either of those documents contact your attorney to find out what alternative forms of proof may be used for the hearing. If you do not have your identification documents the trustee will either continue your hearing to a later date or will dismiss your case.
In addition to having the proper IDs, you also have complied with the trustee letter that was mailed to you shortly after your case was filed. The letter contains a questionnaire and request for documents that must be complied with by the stated deadline. If you have not complied with the trustee letter the trustee will usually either continue your hearing or will dismiss your case.
Although it is not required, It is recommended that you bring a copy the documents that were filed with the court.
Meeting of Creditors Questions
Below are some questions that are asked of most debtors at the Meeting of Creditors. After asking the questions below the trustee will ask you 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?
- 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?
Having an experienced bankruptcy lawyer in Tucson on your side will help alleviate some of the stress and uncertainty that comes along with the Meeting of Creditors. Although most hearings occur without issue, sometimes the trustee and creditors question you extensively in order to elicit information that may be damaging to your case. In this situation it’s essential to have an experienced Tucson bankruptcy attorney advise you on how to answer and to object to any improper questions.