Monmouth 341 Meeting Attorneys
Guiding NJ clients through what to expect in a 341 meeting
Everyone who files for Chapter 7 or Chapter 13 Bankruptcy is required to attend what is known as the “341 Meeting”. The meeting is named after the section of the bankruptcy code that defines it, “Section 341 Creditors Meeting”. The purpose of the 341 Meeting is for you to meet with the trustee appointed by the bankruptcy court to oversee your case and discuss your petition for bankruptcy. Your creditors are advised of the meeting and may appear to ask questions, especially if they believe that you have assets you haven’t reported. At Tomes Law Firm, PC, we are meticulous in filing your petition to avoid any errors or omissions. After the meeting, if the trustee is satisfied with the information included in your petition, he or she will report the hearing result to the judge.
Who will be in the meeting?
The trustee, a court-appointed representative, you, your attorney, and any creditors who wish to attend the meeting.
Do not be intimidated by your 341 meeting
Many people feel intimidated going into the 341 Meeting. Don’t be. It is not like going to court and you will be treated with respect. Although you will be sworn to answer the questions truthfully, you and trustee and your lawyer will set around a table in an informal setting. It is not in a court room and the Judge is not present. If you get confused you will be allowed to review your documents. Your Tomes Law Firm, PC bankruptcy attorney will be by your side every step of the way. Your bankruptcy attorney will prepare you for the meeting by going over your petition with you and the questions the Trustee will be asking.
What should I expect at the meeting?
The 341 meeting is usually held in a conference room. Several cases will be scheduled at the same time, so you will likely have a wait. The meeting itself lasts anywhere from 10 to 30 minutes. After meeting with your attorney, you will sit in the audience until you are called and then we will go to the front to speak with the trustee. We will sit across a table from the trustee who often will have an assistant. Although it is a legal proceeding, you do not have to dress in a business suit. Business or dressy casual clothing is suggested but make sure are comfortable. You may need to read certain things, so if you wear reading glasses be sure to bring them. If you need to refer to any documents, you are permitted to. If the trustee asks any questions about your bankruptcy petition, we will direct your attention to the appropriate part. The trustee will then ask a series of questions, and once completed, you will be able to leave. Often your attorney will want to meet with you to discuss the time frame of your case and what to expect next. Occasionally, the meeting is “not closed” because the trustee wants additional documentation. In that case, make sure you provide whatever is needed promptly to avoid having to go to another meeting.
What questions will I be asked at my 341 meeting?
The trustee appointed by the court will be the person in the meeting asking most of the questions. Creditors may ask some questions on a limited basis. You will need to show the trustee a photo identification and your social security card. Your attorney will show your signature on the petition and the trustee will ask you to confirm that it is your signautre. There are some standard questions that will be asked. The purpose of the meeting is to help the trustee understand the circumstances of your case. You can find many of the questions asked in the 341 meeting in this word document.
Tomes Law Firm, PC will guide you through every step of the bankruptcy process
From your initial free consultation with Tomes Law Firm, PC to the day when your debt has been completely resolved, we will be by your side, guiding you step-by-step to prepare for and attend your 341 Meeting. If you need caring and effective legal support through the process of bankruptcy, contact our firm for a consultation today.