What to Expect at the Florida 341 Meeting in Your Bankruptcy Case

Whether you file for Chapter 7 or Chapter 13 bankruptcy, you will have to appear at the meeting of creditors (also called the creditors' meeting or 341 meeting, after its place in the bankruptcy code). If you and your spouse are filing jointly, your spouse must attend the meeting as well.  The meeting generally takes place approximately 30-45 days after you file your bankruptcy petition.   Both the trustee and your creditors can ask you questions under oath about your assets and debts. The trustee may conduct a telephone conference with you prior to the 341 meeting.  There is no judge that shows up.to the meeting.  Your bankruptcy attorney can prepare you for any conference call and the 341 meeting.

The Meeting

The Florida 341 meeting is a very short meeting lasting about 15 minutes.  You will need to bring your driver’s license and social security card to the meeting for identity verification purposes. You should also bring your last couple paycheck stubs and last two year’s income tax returns.  Your attorney can attend the meeting as well. The trustee will typically ask you the following questions: 

• Your name, address, and telephone number
• Where you currently reside
• Confirmation of your assets and debts
• Whether you have disposed of any substantial assets in the past two years prior to filing your bankruptcy
• If you are inheriting any money in the near future
• Financial circumstances that led to your bankruptcy filing
• Whether you have filed for bankruptcy before and where and when you filed

The trustee’s job is to review your income and expenses to determine if there are any excess funds after deducting your living expenses to pay your creditors.  Most of the time, creditors don’t show up at the Florida creditor’s meetings.  If they do object for some reason, they have 60 days after the 341 meeting to convince the bankruptcy court not to discharge the debt.  

Attorney Help

You should speak with a bankrutpcy attorney if you are filing for bankruptcy in Florida.  The attorney can prepare the bankruptcy petition, help you prepare for the Florida creditor's meeting and represent you in court.