341 Meeting of Creditors
341 Meeting of Creditors
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11 USC 341 requires debtors to be questioned under oath by their trustee assigned to their case. This meeting happens in both Chapter 7 and Chapter 13. It is called a meeting of creditors, or debtors examination. At the meeting of creditors, the trustee asks debtors routine questions that they ask of all debtors. For instance, did you read the bankruptcy information sheet? Did you sign your petition when you met with your attorney? Is everything true and accurate and does it list all your assets and all your liabilities? Did you accurately state your income? The trustee also asks questions like does anyone owe you money? Do you have a pending personal injury lawsuit or the right to sue anyone? have you transferred anything of value in the last 2 years? Those are typical questions all debtors get and then there are specific questions to your case. For instance, how did you arrive at the value of your home? What led you to file bankruptcy? The trustee might go into a debt you repaid to a relative and whether you get anything of value. Or whether you run your own business you and whether the business ever made money. The meeting might be in a courtroom, but in a non-courtroom setting that is more of a classroom. The meeting typically takes about five minutes and your attorney should prepare you with the typical questions. You also need to show up to that meeting with your show security ID you to prove your ID either through either a Social Security card or W-2. If it is a chapter 7, that should hopefully be your only court appearance. If it is a chapter 13, that meeting will end with the trustee stating their objections to your plan. and then you will have a little bit over a month to cure them prior to the confirmation hearing.