What is the 341 Meeting of Creditors and Must I Attend?
A 341 Meeting of Creditors is required in every bankruptcy case. Unless you qualify for a waiver you will need to attend the hearing. A telephonic appearance may be allowed if you are out of state for the hearing.
The purpose behind the Meeting of Creditors is to verify your identity and for you to testify under oath that all filed documents with the bankruptcy court are true and accurate. It’s also an opportunity for your creditors to show up and ask you questions under oath.
What are some tips for the 341 Meeting of Creditors?
- Review your bankruptcy documents carefully to ensure they are true and accurate. If you find any errors or omissions make sure to disclose them to your trustee/and or your attorney.
- Be truthful under oath.
- Allow the trustee and/or creditor to finish asking the question before you answer. Think carefully about the question before you answer.
- Answer the questions with clear and concise facts. The trustees have a significant number of debtors they must examine and do not want to be bogged down with irrelevant information. Do not supply answers that you believe the trustee will want to hear.
- Speak clearly and with a loud voice as the hearing is being recorded.
- If you don’t know the answer to a question explain that you do not understand. Do not provide an answer to a question you do not fully understand.
What must I bring to the 341 Meeting of Creditors?
You are required to bring your driver’s license and social security card to the hearing. Failure to bring both of these items may result in your hearing being continued or your case dismissed. Although not required, we recommend bring copies of the paperwork submitted to the trustee.
What questions will be asked at the 341 Meeting of Creditors?
Below are some of the questions the that are typically asked at an Arizona 341 Meeting of Creditors. In addition to the questions below the trustee will customarily ask you specific questions related 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?