WHAT TO EXPECT AT THE MEETING OF CREDITORS (341 HEARING)?

Many potential clients that are considering filing bankruptcy are concerned that they will be publicly shamed or humiliated upon filing a bankruptcy case. These clients find out that they will have to attend a Meeting of Creditors, also called a 341 Hearing, after filing and immediately envision a judge screaming at them from the bench in open court in a room full of onlookers. They are surprised to learn that the Meeting of Creditors/341 Hearing is nothing like what they envisioned. In the Northern District of Georgia, where The Faucette Law Firm maintains its bankruptcy practice, these meetings are not held in a courtroom, but in small conference rooms. Judges do not attend these hearings. The trustee assigned to the client's case conducts the meeting. The client, along with his attorney, will meet with the trustee. The trustee will begin by verifying the client's identification and social security number. The trustee will then proceed to ask the client questions regarding his bankruptcy petition and schedules. Examples of questions include: "Did you sign the documents filed in your bankruptcy case?" "Are there any changes that need to be made to your bankruptcy petition and/or schedules?" The Meeting of Creditors is not adversarial in nature. Creditors are invited, but do not have to attend. Even if a creditor does attend, they are only allowed to ask questions. The Meeting of Creditors is not the proper forum for legal arguments or objections. In my experience, it is rare that a client's creditors attend their 341 hearing. The Meeting of Creditors is not the proper forum for legal arguments or objections. Finally, most importantly, these meetings are usually brief. Clients are not subjected to endless hours of questioning. Clients are surprised to find that their Meeting of Creditors is not a humiliating or adversarial experience. So don't allow misconceptions regarding the Meeting of Creditors/341 Hearing to discourage you from filing bankruptcy. The Faucette Law Firm has assisted thousands of clients with the bankruptcy process, helping to provide them with financial freedom and peace of mind. If you considering filing bankruptcy, contact The Faucette Law Firm today at (770) 485-6620.