Every bankruptcy debtor who files a Chapter 7. Chapter 11, or Chapter 13 bankruptcy case must attend what is commonly called a “341 Meeting” more formerly known as a meeting of creditors. What happens next depends on whether a Chapter 7 or Chapter 13 bankruptcy case was filed and whether the sitting bankruptcy trustee is satisfied with the documentation that you have provided, and whether the claim of any creditor requires further resolution. Otherwise, after a 341 meeting, it may just be a matter of waiting for the court to issue the discharge order.
Due to COVID-19 social distancing, bankruptcy courts, including the U.S. Bankruptcy Court for the District of Utah, are not conducting in-person 341 creditor meetings, but are doing so telephonically.
The 341 meeting is a crucial part of any bankruptcy case and is the only instance when a debtor meets the sitting trustee on his or her case. Creditors are given notice of the meeting and able to attend but most creditors rarely do since they already know how their claims will be resolved. Attending the meeting will only incur the unnecessary expense of hiring an attorney at his or her hourly rate.
While most debtors are understandably nervous before their 341 meeting, the meeting itself only lasts for a few minutes. You read correctly. Only a few minutes. The trustee will ask a list of routine questions and once they are answered will ask if any creditors are present who wish to be heard (ask a question), which is routinely met with silence. The meeting then usually ends with no further ado. Failure to appear at this meeting may result in the immediate dismissal of the bankruptcy case, thus making attendance by the debtor crucial.
Debtors who have already taken their financial management course and submitted the certificate of completion to the court may simply wait for the court to enter the discharge order. Then, approximately sixty to ninety (60 – 90) days after the 341 meeting, the clerk of court will mail a copy of the discharge order to you and your attorney. The earliest a discharge may be entered is after the deadline to object to discharge has passed.
At the 341 meeting, the trustee will mention the claim of any creditor that requires further attention and resolution, such as the reaffirmation of a debt. If this is the case, this action will have to be undertaken and completed before the court issues a discharge order. The trustee may also request further necessary documentation, such as a tax return, at the 341 meeting.
The Morrison Law Group can help if you’re delinquent paying your mortgage and facing foreclosure or owe back taxes. We can help if you are receiving harassing phone calls or collection letters. The Morrison Law Group can help if you just need to talk about your Chapter 7 or Chapter 13 bankruptcy options. 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.