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341 Meeting

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341 Meeting

After you have filed your bankruptcy case or your attorney has filed on your behalf, you will be required to attend a 341 meeting of creditors. The meeting is cleverly called a 341 meeting because that is the section number of the federal bankruptcy code, 11 U.S.C. section 341. Within a reasonable time after filing the trustee will preside over the meeting of creditors. You, your attorney, the trustee and any of your creditors will be present at the meeting.

If you are represented by a qualified bankruptcy attorney you will have been well prepared in advance of the meeting. However if you do not have counsel you will be asked to provide various documentation including tax returns, pay check stubs, drivers license, social security card, etc. The entire meeting will be recorded and you will be placed under oath at the beginning of the meeting. The trustee or your attorney will ask you a series of questions pertaining to your bankruptcy. The questions can range from the discussing the effects of a discharge to questions about your income and expenses. The trustee will examine your petition and your plan and look for any problems with your bankruptcy.

The meeting is relatively quick and easy. The trustee is not there to scare you and the meeting is far from adversarial. A qualified bankruptcy attorney will be able to discuss in detail the entire bankruptcy proceeding and will be able to calm any fear and apprehension you may have in regard to meetings and hearings. While an attorney is not required to file for bankruptcy, having a bankruptcy attorney on your side provides a much needed aspect of support and security. To be able to walk into a meeting knowing your attorney has everything under control and has prepared you thoroughly is invaluable.

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