Bankruptcy can be a powerful tool to manage debt, but it is most effective when prepared and strategized for correctly. One of the many important parts of your bankruptcy that can require preparation is your 341 Meeting of Creditors. This is a hearing you are required to attend whether you declare Chapter 7 or Chapter 13 bankruptcy. Your trustee will conduct this hearing to verify your identity and that your bankruptcy filing is in good faith and your interests. Your creditors will also be given notice of this hearing so that they can attend and make objections if they wish. If your 341 Meeting of Creditors goes according to plan, you will still have a few steps to complete before your case can be discharged. For more information about the 341 Meeting of Creditors, as well as the bankruptcy process in Phoenix in general, click here or call 480-263-1699 for your free consultation with Candace E. Kallen and our Phoenix bankruptcy team.
341 Meeting of Creditors Basics
What is the 341 Meeting of Creditors & Why is it Necessary?
A 341 meeting of creditors is the standard bankruptcy hearing held for both Chapter 7 and Chapter 13 cases. It is meant to allow the bankruptcy trustee to verify the debtor’s identity and make sure that the bankruptcy filing is appropriate. The trustee will confirm that the bankruptcy petition is true and accurate and that it has been filed under the correct chapter. This hearing makes sure that the bankruptcy is fair for everyone involved, including both the debtor and the creditors.
What is a Bankruptcy Trustee?
A trustee is an attorney appointed by the court to oversee your bankruptcy case. The trustee will be responsible for reviewing your petition and accompanying documents to make sure that your petition is true and accurate. The trustee will reach out to a debtor shortly after filing for additional information and to provide a time and date for the 341 Meeting of Creditors. The trustee will verify the debtor’s identity and ask questions at the 341 hearing. The trustee will also field objections from creditors and keep track of other issues related to the bankruptcy.
How Long Will My 341 Hearing Last?
In comparison to all the potential court proceedings you could be involved in, a 341 Meeting of Creditors may be one of the shortest. These hearings are generally only scheduled to take 30 minutes. However, multiple debtors may be scheduled during your 30-minute slot. If so, you should be present on time for your hearing but wait for your turn to be called- your hearing may only last 5 to 10 minutes.
Who is Allowed To Attend My 341 Meeting of Creditors?
You must attend your 341 Meeting of Creditors, and if you have retained an attorney, they must be there as well. The trustee is the other person who will always be involved in a 341 Meeting of Creditors. If your spouse declared bankruptcy with you, they should be in attendance at the 341 hearing with you. Creditors have the option to attend this hearing, but most of them decline to attend. Your creditors also have 60 days after the hearing to object, so many won’t expend the resources to appear in person.
Where Will My 341 Hearing Be Held?
In the past, 341 Meetings of Creditors would be held in the downtown Phoenix courthouse. However, most courts started doing hearings telephonically during the pandemic and haven’t gone back to in-person hearings. Your trustee should provide you with a meeting ID for your Zoom 341 Meeting of Creditors.
What Do I Need To Do After My 341 Hearing?
Whether you file Chapter 7 or Chapter 13, you will have 60 days after your 341 Meeting of Creditors to submit your second credit counseling certificate to the court. However, you don’t have to wait that long- you can take your course as soon as you finish the hearing. We recommend taking your course as soon as you’re able to avoid delays like illnesses, tech problems, and more. If you haven’t hired a bankruptcy attorney, filing both of your course certificates in bankruptcy court will be your responsibility.
Do I Need To Have an Attorney at My 341 Meeting of Creditors?
Debtors have the option to represent themselves in bankruptcy proceedings, but it doesn’t always have the best results. A bankruptcy debtor who chooses to file pro se, or self-represented, won’t have an attorney assigned as their representative for the 341 hearing. Mistakes anywhere else in the bankruptcy process could yield reduced benefits or even cause a case to be dismissed. Before filing your petition, consider the benefits of retaining a skilled bankruptcy attorney for your case. To schedule your free consultation with our Phoenix Bankruptcy Attorneys, click here or call 480-263-1699.
Preparing for Your 341 Meeting of Creditors
One of the most important parts of your 341 Meeting of Creditors is being able to verify your identity with the court. This requires two forms of official identification. One must have a picture, so most people use their driver’s licenses. The second must have your social security number, so most people use their social security cards. If you don’t have your social security card, you can use an original W-2 that contains your social security number. A copy of your W-2 may not be accepted as your social security number form of ID, which could delay your 341 Meeting of Creditors and case in general.
Your forms of identification aren’t the only things you will need for your 341 hearing. You should have a copy of your most recent tax return available for your 341 Meeting of Creditors. Your trustee may want to reference this document for multiple purposes during your hearing. One reason is to confirm your income level- you should also have your most recent income statement available for this purpose. The debtor should consider having a monthly statement of their expenses ready for their 341 hearing as well. Your trustee may request that you turn this information in before your hearing, but you should have it available regardless. For more information on how to prepare for your 341 Meeting of Creditors in Phoenix and Maricopa County, call our firm for your free consultation at 480-263-1699.
Helping Maricopa County Residents Discharge Debts & Start Fresh
Filing bankruptcy and attending your 341 Meeting of Creditors can seem like daunting tasks without a legal professional to guide you along the way. Candace E. Kallen and the rest of our Maricopa County bankruptcy team will make sure you feel confident and comfortable at your 341 Meeting of Creditors and beyond. Rest assured knowing that your bankruptcy case is in the best of hands- it’s what you and your family deserve. A strategic bankruptcy filing with Phoenix Bankruptcy Attorney could be the key to turning around your financial situation for the better. Additionally, hiring a quality bankruptcy attorney may be more affordable than one might presume. Many of our clients qualify to file their bankruptcy for as little as zero dollars down. Contact us today to learn more about bankruptcy, our firm, and our zero down payment plan, click here or call 480-263-1699 to schedule your free consultation today.
PHOENIX BANKRUPTCY ATTORNEYS
PHOENIX BANKRUPTCY OFFICE
668 N. 44th St., Ste 300
Phoenix, AZ 85008
Phone: 480-263-1699
Email: info@phoenixbankruptcyattorney.co
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1731 West Baseline Rd., Ste 100
Mesa, AZ 85202
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GLENDALE BANKRUPTCY OFFICE
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308
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TUCSON BANKRUPTCY OFFICE
2 East Congress Street, Ste #900
Tucson, AZ 85701
Email: info@phoenixbankruptcyattorney.co
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