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The § 341 Creditor Meeting

Below is some information about our the § 341 creditor meeting, a standard part of chapter 7 bankruptcies. We hope you find this helpful. The Fort Lauderdale and Hollywood bankruptcy lawyers at the Law Offices of Evan M. Rosen wrote this page out of a genuine desire to be of service to those seeking information about whether bankruptcy is right for them. If you have any questions or would like to explore this further, feel free to call us today at (754) 400-5150 or contact us online.

Soon after filing a chapter 7 bankruptcy, the court will send an order to you, all of your creditors, and your bankruptcy attorney setting a date and time for a meeting between you, the trustee, your lawyer, and any creditors that want to attend. This is required under § 341 of the U.S. Bankruptcy Code. It usually takes place about six weeks after a bankruptcy filing and it typically lasts about thirty minutes. Creditors seldom attend the meeting.

The trustee will ask you (and your spouse, if you file jointly) certain questions at the meeting about your assets, income, expenses, and why you decided to file for bankruptcy. There are also questions about the information on your bankruptcy petition and schedules. The trustee should never threaten you.

This is a list of some of the questions you might be asked at a 341 meeting:

  • Are there any creditors or parties in interest here today?
  • Sir or Madam, I have handed you a debtor’s oath form and now asked you to verify your signature on that form. Is that your signature?
  • In signing the form you are indicating that the statements you are about to give will be true and correct under penalty of perjury. Do you understand that?
  • I note for the record that the attorney representing the debtor in this proceeding is [name].
  • I asked previously are there any creditors of the debtor or other parties in interest in the courtroom today for this case and I hear no response.
  • Please state your full name and current address.
  • Please show me your picture ID. (Bring ID!)
  • Please show me some proof of your Social Security Number. (Bring proof of your social security number)
  • Do you rent or own your home?
  • What is your spouse’s name?
  • When were you married?
  • What is her/your maiden name?
  • Did you ever have another name?
  • Have you filed a petition seeking relief under the Bankruptcy Code?
  • I show you your petition and ask if that is your petition.
  • Did your spouse file a joint petition with you?
  • [If no joint petition was filed] Does your spouse have notice of these proceedings?
  • Is your spouse present today?
  • Is he or she responsible for any of the debts listed?
  • I have handed you a copy of your petition and ask whether you recognize this as the petition you executed and filed with this court.
  • Is that your signature at the bottom?
  • When signing this petition, did you review its contents and assure that all the information contained in the petition was true and correct?
  • Have you ever filed a bankruptcy proceeding before?
  • If you did, did you receive a discharge? If so, when?
  • Have you made any voluntary or involuntary transfers of real or personal property within the last year?
  • Are any of these credit card claims?
  • Have you returned the credit cards or destroyed them?
  • Do you understand the potential consequences of seeking a discharge in bankruptcy and its possible effects on your credit rating?
  • Are you aware that you may be able to file under a different chapter of the bankruptcy code?
  • Do you understand the effect of receiving a discharge?
  • Do you understand what it means to reaffirm a debt and that you are under no obligation to reaffirm any debts?
  • Does schedule E contain a complete list of all your creditors having priority? If none, state none.
  • Does schedule D contain a complete list of all your creditors having security? If none, state none.
  • Does schedule F contain a complete list of all your unsecured creditors? If none, state none.
  • Does schedule A/B, contain a complete list of all your real and personal property? If none, state none.
  • Have you voluntarily or involuntarily transferred any real estate or personal property within twelve months before you filed your petition?
  • Does schedule C contain a list of all property claimed as exempt and indicate the statutory provisions providing for those exemptions?
  • Does the summary of schedules contain a complete and accurate total of your property and debts?
  • Are you currently employed and, if so, by whom?
  • Has your attorney filed a disclosure of fees?
  • Is that the correct amount that you have or will pay your attorney for representing you in this matter?
  • What caused your financial difficulties?
  • Are those difficulties continuing or have they ended?
  • Have you paid filing fees and costs?
  • Are there any creditors or other parties in interest who wish to ask any questions?

If you or anyone you know is considering filing for bankruptcy and obtaining a fresh start from debt and financial challenges, call our Fort Lauderdale and Hollywood bankruptcy lawyers today at (754) 400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!

Under federal law, we are a "debt relief agency." In addition to other legal services, we help people file for bankruptcy relief under the Bankruptcy Code.

Client Reviews
Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning strategy for our case. He presented us with several options and the risks associated with each, but ultimately, we picked the one that worked best for us. Mr. Rosen and his legal team are highly professional and always easily approachable via phone or e-mail. Once again, highly recommended. Jadwiga M.
In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments could not be overlooked by the judge and Evan won the judgment in favor of the defendant (me) and an involuntary dismissal of the case. If you want to have the best chances to win your foreclosure case, you need Evan Rosen on your side. He is the Super Lawyer. I have seen him flying out of the courthouse. Oscar D.
I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to hear your situation and never sugar coats anything and he does not give you false hope. He is an attorney that you can be sure will fight the fight for you. I know nowadays it's hard to find an attorney that you can trust, but know this, you will not regret the day you choose him. Julie D.