Since this pandemic has begun, it has changed our day-to-day lives in major ways. It has also drastically affected the court buildings and court systems throughout the nation. As part of the Chapter 7 and Chapter 13 bankruptcy process, there is a hearing with a trustee, referred to as a 341 meeting of creditors. This is a hearing where creditors have an opportunity to ask questions on the record regarding the debtor—it is very common for creditors to not appear though.
Before the pandemic, the 341 hearings occurred at the federal courthouse in Minneapolis and St. Paul, Monday-Friday. There were roughly 5-6 cases per half hour time slot. All debtors and their attorneys had the option of sitting in the hearing room, with other clients and their attorneys, or waiting outside of the hearing room. The trustee sits at the front of the room, typically with a lap top, recording system, and lots of paperwork. The trustee will call a case and the debtor and their attorney will sit at the table, facing the trustee. The trustee will verify all required documentation was sent ahead of time, and ask for identification documents. Once the trustee has verified the identity and social security number of the debtor, the debtor is asked to take an oath, and the questioning begins. The oath is administered because the debtors are testifying on the record as to what is contained in their petition and schedules. The attorney is present as representation, but typically does not speak during the recording.
At times, the trustee can request additional documentation as they are asking questions and reviewing the documents. The attorney typically will make note of this, and send the documents to the trustee as soon as possible.
This entire process remains in effect; however, it no longer requires a physical presence at the courthouse. 341 meetings are conducted via Zoom or telephone conference. The clients are still responsible for appearing at the hearing, as well as the representing attorney. ID and social security numbers are still verified and the oath is still administered. The questioning remains the same, as well. This change in procedure took substantial planning and organization, but it seems to have become an efficient and quicker process for all.
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We are all unsure what will happen in 2021, but rest assured, Kain & Scott will keep you up-to-date and prepared! Consider setting up a consultation or just giving us a call to discuss the process and procedure for your upcoming appointments!
