Bankruptcy: The 341 Meeting

By | February 29, 2012

Every person who files Chapter 7 or Chapter 13 bankruptcy must eventually meet with a trustee. This meeting is referred to as the 341 Meeting, which is named after the section of the Bankruptcy Code where the meeting is described. It is also known as the meeting of creditors; however, in consumer cases creditors rarely attend this meeting. The 341 meeting usually occurs between four and six weeks after the bankruptcy case is filed. Debtors are required to bring their social security card and driver’s license so that the trustee can verify that they are the person listed in the petition. The trustee and the debtor’s attorney will ask the debtor a list of questions about their financial situation and about the information provided in the bankruptcy petition. The trustee’s purpose at the meeting is to make sure the paperwork is correct and to try and maximize the return to the unsecured creditors, by finding nonexempt property in Chapter 7 cases and by increasing the debtor’s disposable income in Chapter 13 cases. The meeting usually lasts between five and fifteen minutes.