Preparing For A 341 Meeting

Preparing For A 341 Meeting

The process of filing bankruptcy includes a meeting of creditors under section 341 of Title 11 otherwise known as the Bankruptcy Code. These meetings are typically inconsequential and creditors rarely even attend them. However, these meetings provide bankruptcy trustees with the opportunity to examine a debtor and raise any issues relevant to the bankruptcy case. How does a debtor prepare for a 341 meeting? In fact, with the coronavirus pandemic, how are 341 meetings even being conducted?

IMPORTANT: Any bankruptcy debtor who has not yet heard from his or her bankruptcy attorney or bankruptcy trustee about how 341 meetings are being conducted during the coronavirus quarantine, should contact either office immediately. Currently, as has been the case since March and most recently, May 28, 2020, under a General Order (20-006) of the Court, all hearings and 341 meetings have been conducted by telephone.

As published by the U.S. Bankruptcy Court for the District of Utah on its website:

“In an effort to contain the spread of Covid-19, until further notice, all Chapter 7, 11, and 12 meetings of creditors will be conducted by telephone. Debtors, attorneys, creditors, and others CANNOT APPEAR IN PERSON.”

In most in-person 341 meetings, including those conducted in the past before the pandemic occurred, the trustee would ask a debtor to show a picture ID and social security card to verify the debtor’s identity and social security number to meet the requirements set forth by the Bankruptcy Code.

The following are some ways that trustees may comply with this requirement:

  • The debtor submits the required documents via encrypted email.
  • The debtor submits copies of the required documents via US mail.
  • The debtor signs an affidavit or declaration.
  • The debtor holds their ID and social security card within view of his or her webcam.

Debtors who appear at a 341 meeting must give any requested testimony under penalty of perjury, including the verification of their identity. While an affidavit must be notarized, a declaration does not.

Debtors must be able to answer any questions that the trustee has about their bankruptcy schedules, statements, and any other document filed with the court under penalty of perjury. Debtors may be asked basic, informational questions, but they may also be asked about any of the following subjects:

  • any owned or rented real property;
  • recent tax returns;
  • employment and income information;
  • any operated business within the past six years;
  • information about motor vehicles and other personal property;
  • any money that may be acquired soon in the near future, whether by a cause of action in a lawsuit, gift, inheritance, life insurance, divorce, etc.;
  • bank and investment accounts;
  • any property or cash that has been transferred to others in the last year; and
  • intentions related to the payment of secured debts.

One of the Morrison Law Group’s qualified and knowledgeable bankruptcy attorneys may answer any questions about filing a Chapter 13 bankruptcy case. Call 801.456.9933 today to schedule a FREE consultation. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.

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Theron Morrison

Utah’s top bankruptcy and consumer protection attorney.