What is 341 meeting?
A 341 meeting is a hearing that you have to attend usually one month after your case is filed. You will meet with a trustee and he/she will ask you questions about your case. The trustee represents the creditors and he/she is trying to obtain some money or property from you to pay your creditors back. Usually (especially today) the trustee does not collect anything from you. You must bring your drivers license and social security card. It is usually a good idea to bring your bank statement(s) that show any balance on the date that you filed your case.
After your case is filed by your attorney via the internet at the bankruptcy court's website, you will receive a 341 notice in the mail from the bankruptcy court. The notice will tell you when your case was filed, the trustee assigned to your case and your address and your attorney's name and address. The notice will also show the date your bankruptcy case was filed with the court at the top. You must attend this meeting to get a discharge of your debts. You must be honest with the trustee. If you fail to list an item of personal property or real property or you lie to the trustee, he/she could contact the FBI and have you investigated for bankruptcy fraud. So it's best to tell the truth and list all your items of property on your petition.
The actual meeting is attended by all the debtor's that filed a case that day or within day of that date. Creditor's are allowed to attend but they rarely do. The trustee will call cases usually as they appear on the calendar for that day. Here is where you can find the bankruptcy Calendar at the court. This calendar will tell you what cases are to be conducted for the day and also the judge's courtroom calendar.
You will meet with a trustee who is NOT a judge. A bankruptcy trustee is hired by the US Trustee's Office. There are panels of trustee's for both Rochester and Buffalo. The meetings will start after the trustee makes some announcements, mainly that you tell the truth and the consequences if you don't. Once your case is called, the trustee will examine your drivers license and social security card. He will then ask you if you signed the petition and the petition was filled out when you filed your case. He will ask you if you listed all your assets and debts. You must list all your debts. You can not pick and choose which debt are included. You have to list student loans for example even if they are non-dischargeable.
Hope this helps. If you have any questions, please contact me by phone or email.
/s/ Mark Lewis, Esq.