11 U.S.C. § 341 provides: “Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors.” It further provides: “The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors.”
When you file a bankruptcy, you case is assigned a trustee by the United States Trustee, and the 341 meeting is when they get the opportunity to ask you questions about your bankruptcy petition. Although 341 meetings are known as a “meeting of creditors” it is very rare for them to appear in Chapter 7 or Chapter 13 cases. Normally it is just you, your attorney, and the bankruptcy trustee, and your attorney will prepare you for every question the trustee asks ahead of time.
Back in 2019, simpler times, your 341 meeting would be conducted at the Federal Courthouse in downtown St. Paul in Minneapolis, or otherwise in-person at an approved site across the state. Now, 341 meetings are being held entirely remotely for both Chapter 7 and Chapter 13 cases. You still have the same duties and must testify under oath, but now you can do it over the phone or via Zoom video-conferencing software.
While you give official testimony at a 341 meeting, it is a common misconception that it is a “court hearing.” For nearly all Chapter 7 bankruptcies, no court hearings will be necessary for your case.
Since these hearings are not before a judge or the court, I believe remote or telephonic 341 meetings should be here to stay. It is much more convenient for all involved, although it does require for you to submit some documents (such as bank statements, tax returns, and identifications) electronically. It goes very smooth when you are working with experience bankruptcy lawyers who know how to prepare you for your 341 meeting.
CALL NOW FOR A FREE STRATEGY SESSION FROM A MN BANKRUPTCY LAWYER AT KAIN & SCOTT
Do not go into a 341 meeting feeling unprepared or questioning what might happen. Instead hire lawyers who know trustees and practice exclusively in bankruptcy. Reach out now if you want more information by going now to www.kainscott.com or call 1-800-551-3292. You will be so happy you did.
