Questions to Expect at the 341 Meeting in Your Bankruptcy Case

At the 341 meeting (also called the creditors' meeting), the trustee will ask about your bankruptcy forms, property, debts, and more.

By , Attorney · University of the Pacific McGeorge School of Law

If you're scheduled for a bankruptcy creditors' meeting, the one appearance all Chapter 7 and Chapter 13 filers must attend, and wondering about the questions you'll be asked, you've come to the right place. In this article, you'll learn:

  • the standard 341 meeting questions asked of every filer
  • additional questions you might encounter, and
  • topics creditors cover when appearing (which is rarely).

But there's more to a 341 meeting of creditors than questions. Check out the 341 Meeting of Creditors Explained for a guide through the creditors' meeting process.

Questions the Bankruptcy Trustee Will Ask at the 341 Meeting of Creditors

The bankruptcy trustee, the person tasked with administering your case, must ask all bankruptcy filers mandatory questions at the 341 meeting. Here are the questions you can count on being asked:

  • Is the address on the petition your current address?
  • Did you sign the petition, schedules, statements, and related documents and is the signature your own?
  • Did you read the petition, schedules, statements, and related documents before you signed them?
  • Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
  • To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
  • Are there any errors or omissions to bring to my attention at this time?
  • Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
  • Have you previously filed bankruptcy?
  • What is the address of your current employer?
  • Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
  • Do you have a domestic support obligation? To whom?
  • Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

    341 Meeting Questions the Bankruptcy Trustee Might Ask

    Along with the mandatory questions, trustees typically ask about your property and other assets, income, expenses, and debts. Other areas will include discrepancies in your bankruptcy forms and how you came up with a value for various property items.

    Many trustees' inquiries about your particular case will come from a list of suggested questions trustees can ask when appropriate. Here are some of the questions on the list:

    • Do you own or have any interest whatsoever in any real estate?
    • Have you made any transfers of any property or given any property away within the last one-year period (or such longer period as applicable under state law)?
    • Does anyone hold property belonging to you?
    • Do you have a claim against anyone or any business?
    • Are you the plaintiff in any lawsuit?
    • Are you entitled to life insurance proceeds or an inheritance as a result of someone's death?
    • Does anyone owe you money?
    • Have you made any large payments, over $600, to anyone in the past year?
    • At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?
    • Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?

    View the complete 341 meeting question list.

    Questions Creditors Ask at the Meeting of Creditors

    Often, creditors don't show up, even though "creditor" is in the meeting name. If creditors do come, it's typically to do one of the following:

    • Clarify how you plan to deal with a secured debt. For instance, the lender who made a car loan to you might want to determine whether you intend to give back the car, pay the lender its replacement value, or enter into a reaffirmation agreement to continue the loan after your bankruptcy.
    • Ask about recent charges or cash advances. Bankruptcy law prohibits debtors from running up high bills for luxuries and cash advances just before filing. The bankruptcy discharge won't wipe out the credit balance if the creditor pursues the matter successfully. Be sure you know when to stop using credit cards before bankruptcy.
    • Ask about application discrepancies. The creditor could inquire about differences between the information in your bankruptcy papers and the information you submitted when applying for credit.

    If your case is relatively simple and you don't have a lot of nonexempt property—assets that aren't protected from creditors by an exemption—you probably won't face any creditor questions. Typically, the whole meeting will be over in less than ten minutes.

    Should I be Nervous About the 341 Meeting?

    Most people experience some level of anxiety before attending the meeting of creditors, so you're not alone. In all likelihood, you don't have anything to worry about. Most cases breeze through the 341 meeting process without a problem. In fact, the most common thing people say after a creditors meeting?

    "That was easy. I spent a lot of time worrying about this for nothing."

    The purpose of the meeting is to ensure that you're who you say you are and allow the trustee and creditors to clarify any issues about your case. If your case is an ordinary matter without any unusual issues, you'll take an oath and answer the questions covered above. In all probability, it will be over in less than ten minutes.

    If you're represented by an attorney, you really have no reason to worry. Bankruptcy attorneys know what issues might arise at the 341 meeting and often resolve them before the meeting occurs. You can count on your attorney to prepare you for any potential problems, so if you're told you have nothing to worry about, believe your lawyer!

    You've got this.

    Navigating Your Bankruptcy Case

    Bankruptcy is essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because the rules apply to every case, you can't skip a step. We want to help.

    Below is the bankruptcy form for this topic and other resources we think you'll enjoy. For more easy-to-understand articles, go to TheBankruptcySite.

    More Bankruptcy Information

    Bankruptcy Forms and Document Checklist

    The bankruptcy court tells creditors about the creditors' meeting and other important dates using these forms:

    Notice of Chapter 7 Bankruptcy Case

    Notice of Chapter 13 Bankruptcy Case

    List of trustee questions:

    Complete 341 Meeting Question List

    Chapter 7 and 13 Bankruptcy Form List

    Bankruptcy Document Checklist

    More You Might Like

    The 341 Meeting of Creditors Explained

    Documents Needed for the Meeting of Creditors

    After the 341 Meeting Is My Chapter 7 Case Closed?

    Getting a Mortgage After Bankruptcy

    We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

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