Wednesday, April 22, 2009

THE MEETING OF CREDITORS AKA THE §341 MEETING OF CREDITORS

Important Information for Clients Regarding the Meeting of Creditors:
After your bankruptcy petition is filed, the Bankruptcy Court will schedule a 341 hearing, also called a “meeting of creditors.” It will probably be scheduled within one month of filing.

In Philadelphia, these hearings are held at: 833 Chestnut Street, Suite 501 West, 5th Floor, Philadelphia, Pennsylvania.

You and your attorney must attend this meeting with the United States Bankruptcy Court Trustee. At the 341 hearing, the United States Bankruptcy Trustee will review your bankruptcy petition and will ask you questions. The Trustee will ask you to verify in person the written information you have already listed in your petition. The 341 hearing is usually short and routine. After the hearing, the Trustee will recommend to the Bankruptcy Court Judge whether or not to discharge your debts.

It is very important that you appear before the Trustee at the 341 hearing. You must be present or-your bankruptcy could be dismissed. If you are unable to attend, you must call your attorney immediately so that the Trustee can be contacted. Your attorney can request that the Trustee reschedule the meeting. When you receive your 341 hearing notice, please contact your attorney to confirm that you will attend.

20 Plus Questions Usually Asked by the Trustee of Debtors at the Meeting of Creditors

  1. State your name
  2. State your address
  3. Identify the signature on debtor’s oath form
  4. Do you rent or own your home?
  5. Are you married?
  6. Are you employed?
  7. Have you ever filed for bankruptcy before?
  8. Have you sold or otherwise disposed of any property in the past twelve months?
  9. Do you have any credit cards in your possession for which you listed debts on your petition?
  10. Identify the signature on first page of bankruptcy petition.
  11. Did you review the petition before you signed it to make sure that everything in it was true and correct?
  12. Did you list all of your real estate on Schedule A?
  13. Did you list all of your personal property on Schedule B?
  14. Do you own any individual items of personal property worth more than $200.00?
  15. Is Schedule C a complete list of the property that you are claiming as exempt (that you want to keep)?
  16. Did you list all of your secured creditors on Schedule D?
  17. Did you list all of your priority creditors on Schedule E?
  18. Did you list all of your other creditors on Schedule F?
  19. Was Schedule I an accurate reflection of your income when you filed?
  20. Was Schedule J an accurate reflection of your monthly expenses when you filed?
  21. Have you paid your filing fee in full, or received the required waiver from the Court?
  22. What did you pay your attorney for representing you in your bankruptcy?
  23. Why did you have to file for bankruptcy?

Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, 2 Penn Center, Suite 200
Philadelphia, PA 19102
www.dunnelawoffices.com

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