The 341 Meeting of Creditors

Every bankruptcy case includes a "meeting of creditors" under Section 341 of the Bankruptcy Code. The meeting is conducted by the case trustee, not a judge. The debtor appears under oath and answers questions. Creditors are entitled to attend and ask questions but rarely do in consumer cases. The meeting typically lasts 5 to 15 minutes for a routine Chapter 7 case and 10 to 20 minutes for a routine Chapter 13 case.

Since 2020, 341 meetings in the U.S. Bankruptcy Court for the Southern District of Florida have been conducted by video conference (Zoom or telephone), eliminating the need for in-person appearances at the federal courthouse in most cases.

How the Meeting Works

1. You join the video call at the scheduled time, with valid government-issued photo ID and proof of Social Security number ready.
2. The trustee swears you in. You confirm your name, address, and Social Security number on the record.
3. The trustee asks a series of standard questions confirming the accuracy of the petition and schedules.
4. The trustee asks any follow-up questions arising from documents the trustee has reviewed (tax returns, bank statements, paystubs).
5. If any creditors appear, they have an opportunity to ask questions, limited to the debtor's financial affairs.
6. The trustee concludes the meeting, often noting any documents the debtor needs to provide.

Common Questions From the Trustee

• Did you review the petition and schedules before signing them?
• Are all of your assets listed?
• Are all of your debts listed?
• Is the information on the schedules true and correct to the best of your knowledge?
• Have you filed all required tax returns?
• Did you pay anything to any of your creditors in the 90 days before filing?
• Did you transfer or give away anything of value in the past one or two years?
• Are you expecting an inheritance, tax refund, lawsuit settlement, or other money?
• Is your business closed, or is it still operating?
• (In a Chapter 13 case) Is the plan payment within your budget?

Trustees also ask case-specific questions. If your bank statements show a large pre-filing withdrawal, the trustee will ask where the money went. If you recently sold a vehicle or transferred property to a relative, the trustee will ask about it. If you have a small business, the trustee will ask about gross receipts and any inventory or equipment.

How We Prepare Clients

Before the meeting, we walk through:

• What the trustee will likely ask given the specifics of your case
• The documents you need to bring (photo ID, Social Security card, any documents the trustee has requested in advance)
• How to answer questions truthfully, fully, and briefly
• How to handle anything that has changed since the petition was filed (new income, new debts, new assets)

Attorney Goodwin attends the 341 meeting with every client. You are not alone in front of the trustee.

What Not To Worry About

• The 341 is not a courtroom. There is no judge.
• It is not designed to be confrontational. The trustee's job is to administer the case, not to deny relief.
• Creditors almost never appear in routine consumer cases. When they do, it is usually to ask about a specific transaction or to confirm the location of collateral.
• If a question is asked that requires research or that you cannot answer immediately, the proper response is "I do not know" or "I will need to look that up and provide the answer to my attorney." It is far better to say so than to guess.

After the Meeting

The trustee will either conclude the meeting on the record or continue it to a future date if additional documents or information are needed. In a Chapter 7 case, the deadline for creditors to object to discharge or dischargeability runs 60 days from the date set for the meeting. In a Chapter 13 case, the next major event is usually the confirmation hearing on the plan.

Schedule a Consultation

To discuss preparing for a 341 meeting or to begin a case, call 786-522-1411 or email [email protected].