What is a 341 meeting?

The 341 meeting, also called the meeting of creditors, is a short, recorded interview with the trustee assigned to your case, held about a month after you file. You answer questions under oath about your paperwork. It usually takes five to fifteen minutes, and creditors almost never show up.

In this answer
  1. When and where
  2. Who is there
  3. What happens
  4. What to bring
  5. What happens afterward
  6. Why it is less scary than it sounds

When and where

The meeting is scheduled roughly three to six weeks after you file. The court sends a notice with the date, time, and either a location or the phone or video instructions. It is not held in a courtroom and there is no judge. In fact, the judge is prohibited from attending.

Who is there

The trustee, who runs the meeting. You. Your attorney, if you have one. Sometimes other people waiting for their own meetings, since trustees typically schedule several in a block. Creditors are entitled to attend and ask questions. In ordinary consumer cases they almost never do. When one does show up, it is usually a car lender asking what you plan to do with the vehicle, or an ex-spouse.

What happens

The trustee verifies your identity with a photo ID and proof of your Social Security number, swears you in, and asks a series of questions. Most are standard: Did you review your petition before signing it? Is everything accurate? Have you listed all your assets and all your debts? Have you filed all your tax returns? Have you transferred any property in the last few years? Are you expecting an inheritance or a lawsuit settlement?

Then the trustee may ask about anything specific to your case. If you own a house, expect a question about its value. If you run a business, expect a few about it. If something in your paperwork looks unusual, expect a question about that.

The whole thing is recorded. You are under oath, so the only rule is to tell the truth. If you don’t know an answer, say so.

What to bring

  • Government-issued photo ID.
  • Your Social Security card or another acceptable proof of your number.
  • Anything the trustee requested in advance, commonly recent pay stubs, bank statements, and tax returns. In many districts these are sent to the trustee before the meeting rather than brought to it.

What happens afterward

For most Chapter 7 cases, the meeting is effectively the end of the active part of the case. The trustee files a report saying there is nothing to distribute, creditors have sixty days from the meeting to object to your discharge, and if none do, the discharge order arrives about two months later.

In Chapter 13, the meeting is followed by a confirmation hearing where the court approves your plan, often without you needing to attend.

Why it is less scary than it sounds

The trustee is not trying to catch you. The trustee is confirming that the paperwork is accurate and looking for assets that could pay creditors. Clients are usually nervous walking in; almost everyone walks out saying some version of “that was it?” The judge is not there (judges are actually barred from attending), the questions are standard, and the average meeting lasts about five minutes, which tells you what it is: a checkpoint, not an interrogation. Complete, honest paperwork makes it a formality, and preparing that paperwork carefully with your attorney is the whole preparation.

Sources

This is general information, not legal advice. The right answer for you depends on details a website cannot see, and rules vary by state and by court.

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