What to Expect At Your Bankruptcy 341 Hearing

The decision to file a chapter 7 or chapter 13 bankruptcy is made after many of our clients have exhausted other options and consulted with our office regarding the best course of action to take to improve their financial condition. The role of a bankruptcy attorney is to assist the client in determining which bankruptcy is right for them, ensure that the client is prepared for their court appearance and provide counsel should any legal issues arise during the bankruptcy plan.

After the bankruptcy petition is filed the next court appearance will be the 341 hearing, also referred to as the "meeting of the creditors". In this meeting the attorney will meet with the bankruptcy trustee and any creditors who elect to attend. The trustee's role is to administer the bankruptcy estate and ensure that the creditors get paid as much as possible. Prior to the hearing the trustee will review the petition, income, debts, expenses and pay checks. Typically, 341 hearings provide an opportunity to investigate each case for bankruptcy fraud, ensure the paperwork is correct, and answer any questions that may have arisen from the filed bankruptcy petition. Possible questions include but are not limited to:

- Are loans payable to you from other sources?
- Have there been recent payments to family or friends?
- Do you have an expectation of a civil award or judgment?
- Have there been any asset or property transfers within the previous year?
- Is there an expectation of a tax refund?

Although the 341 hearing may appear intimidating it is a routine process for every chapter 7 and chapter 13 bankruptcy. In fact these hearings are conducted without a judge and most creditors do not attend unless they have dispute to an item in the petition, (i.e., preferential transfers or recent credit card usage) In those instances when creditors attend the 341 hearing they will inquire as to whether the debtor is filing in good faith.

Our role as a Douglas County Bankruptcy Attorney is to ensure that this process goes as smooth as possible. At your initial consultation we will advise you of all the options available to you and walk you through the process of filing. Our office has handled thousands of 341 hearings and will use that expertise to assist you with your case.