What Is a 341 Hearing?

What Happens at the Meeting?

What Is a 341 Hearing?Let’s say you’re injured or lose your job and suddenly face overwhelming and unmanageable debt. You do the right thing and contact an experienced bankruptcy lawyer, who helps you file and tells you that you’ll be attending a “341 meeting.” What is that? Do you have to attend? What happens at the meeting, and how will it affect your bankruptcy filing?

The 341 Meeting

The 341 meeting (named after Section 341 of the bankruptcy law) is a mandatory meeting that all debtors must attend. It’s not a hearing in court, though—it’s conducted by the bankruptcy trustee and typically held in a meeting room, usually at an attorney’s office or the courthouse. For many people who file for bankruptcy, it’s the only meeting or hearing they’ll ever attend.

The date of the 341 meeting is set by the bankruptcy court once you file your petition, and it’s usually set for 21-40 days after your filing. You’ll be required to attend and provide proof of identification, including a photo ID and your social security number.

Before the hearing takes place, the court will appoint a trustee to manage your case. The trustee will review your filing before the 341 hearing to ensure that:

  • You have provided all necessary documentation and your paperwork is correct;
  • There is no evidence of bankruptcy fraud; and
  • You have filed the right type of bankruptcy petition.

What Happens at the Meeting?

Trustees typically schedule a number of 341 meetings for the same date and place. When the trustee calls your name, you’ll be asked to take an oath to answer all questions honestly. The trustee will then ask you standard questions to ensure you looked at your petition before signing it and that nothing has changed since the petition was filed. You may also be asked to document any potential revenue, payments, or inheritance you expect to receive.

Once the trustee has asked all appropriate questions, any creditors present may also ask questions about your filing. The trustee will then determine whether to move forward with the bankruptcy process or to continue the 341 process to allow for the gathering of more evidence or documentation.

Contact an Experienced Rockwall, Texas, Bankruptcy Attorney

At the Law Offices of Carrie Weir, all potential clients are entitled to a free initial consultation. To arrange an appointment, contact my office online or call 972-772-3083. I handle Texas personal bankruptcy filings in Rockwall County, Collin County, Dallas County, Hunt County and the surrounding counties.

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Call Rockwall bankruptcy lawyer Carrie Weir at 972-772-3083 or fill out the contact from below for a free, confidential consultation to discuss your options.

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