What Happens in a 341 Meeting of the Creditors? Written by Shayenne Gamboa.

How Do I Prepare? What Do I Bring?

A 341 Meeting of the Creditors is a meeting with a Trustee (not a judge) to provide proof of your identity and a confirmation that you are indeed filing a bankruptcy and no one is filing it for you. Creditors may come to contest your claim. Usually, however, unsecured creditors do not show up. If creditors do come, they are just there to be heard by the trustee and will ask that any non-protected assets be distributed to them as payment. Again, if your petition is done correctly and all the exemptions are used by your attorney, the creditors will not show up.

I got my hearing date, what do I do now? What Do I Bring?

  1. Make sure you or your attorney have submitted all the documents required by the trustee, especially the most recent tax return and the 341 meeting questionnaire. Some trustees are requiring additional documents such as car statements and 3 months of bank statements. Recently, trustees are requiring attorneys to join DocLink to upload documents.
  2. Make sure you bring you original state id/driver's license and original social security card with you to the hearing. Most trustees will not accept a copy. What if you don't have your original social security card? Many of my clients have had this problem. There is no way around it. You must get a social security card from the social security office or a signed verification from the social security office saying that you have ordered one and the statement. Order one and it should come within 30 days.
  3. If you need an interpreter, let the trustee know beforehand.
  4. Just in case the Trustee somehow did not receive your tax return, make sure your attorney has a copy in your file.

What will they ask me at the 341 Meeting?

The questions they will ask you are the questions on the questionnaire and possibly some details on the contents of your answers. The issues that come up the most are the following: (If you need a copy of a questionnaire, please feel free to contact our office and we can send you one.

  1. Are you married How come your husband is not filing with you?
  2. Did you give money to relatives or friends recently? Why and what for? In order to not risk dismissal of your case, you should not transfer any money or assets to family or friends while filing for bankruptcy or a year before filing. This looks very suspicious.
  3. Did you sign you petition? yes, you must make sure that you sign your petition.
  4. Has anything changed since you filed?

The Meeting of the Creditors should take less that 20 minutes. If your petition was prepared accurately, the meeting should go smoothly.
If you have further questions, please feel free to call our San Francisco office for a free consultation.