We file two different kinds of bankruptcy cases at LifeBack Law, both Chapter 7 and Chapter 13. How long each will take and a timeline of what happens in each differs. Below we will go through both.

Previously, I wrote about different individuals you’ll come across in your bankruptcy.  Here, I want to discuss and provide common terms you’ll come across as well.

Your 341 Meeting or the Meeting of Creditors is the opportunity for your Trustee and creditors to ask you questions about your petition and schedules, while under oath.  

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.

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.”

As a refresher, the 341 meeting is a 5-10 minute meeting with the bankruptcy trustee. During the meeting the trustee will ask you questions to verify the information in your case. Typically these meetings take place a month after your case has been filed.

What happens after the 341 meeting will depend on what type of case you have and whether you file a chapter 13 bankruptcy, a chapter 7, or have a no asset case or an asset case.

As a refresher, the 341 meeting or meeting of creditors, is a 5-to-10-minute hearing, where the bankruptcy trustee for your case asks you questions. Typically, these questions are yes or no response and are used to verify the information in your case.

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.