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section 341 meeting of creditors
Section 341 of the Bankruptcy Code provides for a Meeting of Creditors during the case. This is commonly referred to as a "341 Meeting" or the "Meeting of Creditors." In Chapter 7 and Chapter 13 cases, the meeting generally occurs about 30 days after the case is filed. While all scheduled creditors are invited to attend the meeting, generally few, if any, attend the meeting.
After your case is filed, you will receive notice of the meeting in the mail which will include the date, time, and address where the meeting will take place. The meeting will be presided by your case Trustee, who's contact information will also be contained on the notice. If you have retained an attorney, your attorney will be present as well. You will need to provide two forms of ID at the meeting which includes verification of your social security number. Remember to bring your social security card and drivers license to the meeting.
The meeting is intended as an opportunity for the trustee and the creditors to question the debtor about their financial affairs. It also provides the debtor the opportunity to verify the information contained in the schedules is true and correct. The meeting will be conducted under oath and recorded. In most cases, the meeting will last about 5 to 10 minutes.
Typically, either your attorney or the Trustee will ask the majority of the questions. The questions are generally framed to make sure all of your assets and creditors were properly listed on the schedules, that you had the opportunity to review and sign the schedules before they were filed with the Court, and to determine whether there may be any non-exempt assets which would be available for your creditors.
Attendance at the meeting is required by the Bankruptcy Code and can only be excused under limited circumstances. If you have questions about filing bankruptcy or the bankruptcy process, contact us today for your free initial consultation.
For cases filed in the Southern District of Texas, Houston Division, the 341 Meeting locations are:
515 Rusk Ave. Suite 3401 (Third Floor)
Houston, TX 77002
Updated on 8/2/2016