341
MEETING OF CREDITORS
The 341 meeting of creditors refers to
a meeting conducted by the Chapter 13 Trustee
pursuant to 11 USC Section 341. At the
341 meeting of creditors, Chapter 13 petitioners
will be required to swear or affirm that
the information that they are about to
give is truthful. The Trustee will ask
the petitioners about their Chapter 13
petition, including but not limited to,
living expenses, creditors, income, and
other relevant issues the Trustee may wish
to question. At the 341 meeting of creditors,
creditors will also have the opportunity
to ask the petitioner questions concerning
their bankruptcy plan.
A notice will be
sent by the Chapter 13 Trustee giving
notice of the time and the
location of the 341 meeting. It is mandatory that all Chapter 13 petitioners attend
a 341 meeting. Chapter 13 petitioners
must bring the following items:
1. Photo
Identification – must be
government issue (driver’s license,
State of Ohio identification cards,
etc.) Note-Private work badges will
not be accepted, photo identification
must
be
issued by
relevant federal or state agency.
2.
Petitioners must bring copies of
their pay stubs, last two years of
tax returns,
proof of homeowners insurance and
automobile insurance.
3. If the petitioner is self employed,
the petitioner should see the self employed
section of this web page for additional
items necessary to bring to a 341 meeting.
 Also
see "Are
You Self Employed"
|
At
the 341 meeting of creditors, petitioners
will also have the opportunity to ask
the Trustee questions concerning their
Chapter 13 plan. The Trustee is not
permitted to give private legal advice,
but the
Trustee is allowed to educate petitioners
on administrative matters concerning
Chapter 13.
If you cannot attend the 341
meeting of creditors, you should let
your attorney
know as far in advance as possible. Given
the volume of bankruptcy cases, it is
standard Trustee policy not to grant
an adjournment
of a 341 meeting unless there is a medical
emergency (proof required). If a petitioner
does not attend a 341 meeting of creditors,
the Trustee will ask the United States
Bankruptcy Court to dismiss the bankruptcy
case.
Prior to the 341 meeting, petitioners
are encouraged to view the order confirming
plan. This will be the order submitted
to the United States Bankruptcy Court,
if
the Court approves the Chapter 13 plan.
Petitioners are required to review
the order confirming plan and to abide
by the directives in said order.
Also
see "Confirmation
of Plan"
Note-Spouses and third parties with power of attorney may not represent the
debtor at a 341 meeting. Two exceptions are:
1. The debtor cannot attend the 341
meeting due to a medical condition (proof
required).
2. The debtor has been called to active
military duty (proof required).
Also
see “What
if I am called to active military duty” |
