Yes, per the U.S. bankruptcy code everyone who files for personal bankruptcy is required to attend a 341 Meeting of Creditors. Because the requirement is found in section 341 of the bankruptcy code, the hearing has earned the nickname “341 Hearing”. All bankruptcy filers are to be examined under oath with regard to the information contained in their schedules to be eligible to receive a discharge. These meetings are usually held approximately 30 to 45 days after the bankruptcy case has been filed.

 

Identification Verification

Your trustee must see your driver’s license and social security card to verify that you are who you say you are. So bring your government issued photo I.D. as well as your social security card. Your Chapter 7 bankruptcy trustee will compare the information on your identification with the information submitted on your bankruptcy petition. The purpose of this requirement is to help curtail identity theft and bankruptcy fraud. In the past criminals had taken a fake social security number, incurred debt associated with that number and then filed for bankruptcy using that number.

 

Debtor Questioning

The hearing gives the trustee and creditors an opportunity to ask questions of you with regard to the information listed in your petition and schedules. Bankruptcy is open to the public and so anyone who wants can attend your 341 hearing. However, in most cases, only you, your attorney, and the Chapter 7 bankruptcy trustee will actually participate in the hearing. Your creditors have the right to appear at the 341 hearing although they almost never do.

Your trustee will ask you additional questions with regard to your assets, liabilities, income, expenses and statement of financial affairs. Typical questions are:

• “Do you accept the oath I just administered to you?”
• “Did you read, review and sign the Petition, Schedules, and Statement of Financial Affairs filed in your case?”
• “Are there any amendments or changes that need to be made to your paperwork?”
• “Have you filed another Bankruptcy in the previous 8 years?”
  • “Have you ever filed Bankruptcy using a different name or Soc. Sec. number?”
• “Have you lived in Arizona for more than 2 years?”
• “Have you paid back money to any family member or friend in the last year”
• “Does anyone owe you money?”
• “Did you list all of your assets?”
• “Did you list all of your debts?”
• “Do you owe anyone Spousal Maintenance (Alimony) or child support?”
• “Did you read, sign, and return the letter you received from the Trustee?”

If you have more questions about the 341 hearing please contact one of our attorneys.