Once your bankruptcy case is filed, it is required that you give testimony at what is called a “341 Meeting.” It is called 341 meeting, because it is required by law at 11 U.S.C. § 341.
The 341 meeting is intended to be a time where any interested parties may appear and ask you questions about your bankruptcy petition and intentions. The meeting is ran by a Trustee, and while creditors are all given notice of the hearing time, it is VERY rare that they show up at the 341 meeting.
While this is not a formal court hearing and no judge is present, you are required testimony to your trustee to verify that everything in your bankruptcy petition is true and correct according your knowledge, information, and belief. At LifeBack Law, your attorney will attend the hearing with you, but here are five practical tips to know for how 341 meetings have been conducted since the COVID-19 pandemic began:
- We have gone virtual.
No longer do you have to drive to the federal courthouse and go through a metal detector and sit in a crowded waiting room while you wait for your case to be called. All Chapter 7 and Chapter 13 Trustees in the state of Minnesota either use Zoom software or a conference call system.
- There are certain documents your Trustee will need, don’t be late.
The Trustee’s job is to verify your petition is correct, so they always need certain documents like paystubs, account statements, and titles to assets. However, now because the meetings are virtual, the need is stronger than ever to get electronic copies of documents scanned in and over to your trustee before your 341 meeting.
- Please remain patient and silent waiting for your meeting to be called.
341 Meetings usually do not take long, and as many as 5 cases can be scheduled for every half-hour. When doing 341 Meetings virtually, meeting times can get backed up, and things take longer if there is interference from other parties on the phone line waiting for their cases. It is best to just sit patiently, as your case will be called in a certain order.
- “I’m not sure,” is a fine answer.
Most of the questions a Trustee asks at a 341 Meeting are simple “yes” or “no” questions, and you do not need to elaborate much. However, if the Trustee asks you a question you really are not sure about how to respond to, it is perfectly fine to say “I am not sure, can we get back to you on that?” After your meeting your attorney will discuss with you if anything else is needed.
- You always have a right to amend your petition and correct your testimony.
At the end of the day, if worst comes to worst, you have the opportunity to correct any mistakes or errors you make at a 341 Meeting. Just let your attorney know, and they will let you know what steps are necessary.
CALL NOW FOR A FREE STRATEGY SESSION FROM A MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM
I would never recommend someone go into a 341 Meeting unprepared or alone. If you would like a free consultation about your options, please give me a call at 1-800-551-3292, or go on to https://lifebacklaw.com/ for more information. You will be happy you did.
