Your First Bankruptcy Creditor Meeting – What to Expect
What is the
First Meeting of Creditors?
Also called the 341 Meeting, the First Meeting of Creditors is a 5-10 minute meeting where we meet with another attorney called a trustee. Meetings are conducted via Zoom at my office. Generally, the trustee’s job is to ask you a series of questions and determine if you have any valuable assets that aren’t exempt that he could sell. He is also making sure you haven’t committed any fraud.
Will I see a judge?
No, you will not see a judge at your First Meeting of Creditors. The trustee is really your contact with the bankruptcy court system. There is a judge appointed to your case but it is very unlikely you will ever see him/her.
What happens at the meeting of creditors?
Before the meeting, I will upload to the trustee’s secure portal copies of your picture ID and proof of your social security number. To start the meeting the trustee will swear you in and ask if you are going, to tell the truth, if you signed the bankruptcy papers, and if you knew you were signing under penalty of perjury that the papers were true and accurate. The trustee will ask you a series of standard questions about your assets and debts. The meeting usually takes about 5-10 minutes for Chapter 7 and 10-15 minutes for a Chapter 13 bankruptcy.
Do creditors show up?
Usually, no creditors show up to your meeting. Credit card companies and mortgage companies virtually never show up. The only creditors who come to your meeting seem to be ex-spouses, former business partners, or attorneys for banks where you had a business loan. Otherwise, it will be you, me, and the trustee.
What should I wear?
Come as you are. Although a serious meeting, the mood is generally light and there is no dress code. Some people come in suits and others in jeans or shorts.
Can I bring my children or a friend?
You can bring children or friends but they cannot be in the room during our meeting. They will need to wait in the waiting room. Sorry, these rules are by order of the Court.
What should I bring?
You should bring a picture ID and proof of your social security number (social security card, W-2, 1099, or tax transcript).
How long does the meeting take?
Chapter 7 First Meeting of Creditors takes about 5-10 minutes. However, you may wait an hour or so for your case to be held. So, bring something to read or do.
Where are the First Meeting of Creditors meetings held?
The First Meeting of Creditors will be held at my office via Zoom.
What happens after the 341 meeting?
If you filed a Chapter 7, approximately two months after your meeting of creditors you will receive your discharge in the mail from the bankruptcy court. Remember, you must do your second credit counseling (financial management course) and file it before this two-month period expires or your case will be closed without a discharge and that creates a lot of problems.
If you filed a Chapter 13, then about two months after your creditors meeting there will be a confirmation hearing with the trustee and the judge where the judge will confirm (approve) your Chapter 13 plan. You do not need to attend this court date.