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The 411 on Your 341 Meeting

Sep 18, 2014

When you file for bankruptcy, you are required to have a 341 Meeting with Creditors. The 341 meeting is where you meet with the trustee in your bankruptcy case. Your trustee is kind of your case manager for your bankruptcy, overseeing your paperwork and making sure the process goes smoothly.  The meeting of creditors allows for an opportunity for those who you owe money to, your creditors, to appear, although many times no one else shows up.

Before your actual meeting date, but after you file your petition, you are required to submit a number of documents. First, you will need all Payment Advices/Pay Stubs for the 60 days prior to the filing of the bankruptcy petition. You will need to produce these documents to the trustees no later than 7 days prior to the 341 meeting for a Chapter 7 bankruptcy, and no later than 14 days after the filing of the petition of a Chapter 13 bankruptcy. You should redact all but the last 4 digits of the social security number on the pay stubs. Next, you will need to produce a federal tax return for the most recent tax year ending immediately before the commencement of the case for which a Federal income tax return was filed. You must get this tax return to the Trustee no later than 7 days prior to the 341 meeting. Next, you must provide statements for your depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for a time period that includes the date of the filing of the petition. You must turn these statements in no later than 7 days before the 341 meeting. Next, you must provide documentation of monthly expenses claimed by you. These monthly expenses should be turned in no later than 7 days before the 341 meeting with the Trustee. Finally, you must provide a schedule of executory contracts and unexpired leases. You will want to provide this documentation no later than 7 days before the 341 meeting. The trustee can also ask for additional documents at his or her discretion.

When you appear at your meeting, and appearing in person is mandatory, you need to have two forms of identification. You must have both a picture ID and proof of social security number. The picture ID can be a driver’s license, student ID, State ID, US Passport, Military ID, Resident Alien Card or Mexican Consulate Card. The proof of your social security number can be your social security card, medical insurance card, pay stub, W-2 Form, an IRS 1099 Form, and Report from the Social Security Administration.

Once you have provided the trustee with your documents and proof of identity the usual 341 meeting is usually a quiet proceeding. While you should be respectful you can rest easy that as long as you answer truthfully and your bankruptcy petition was not missing anything major you should be able to proceed without a problem. The trustee will ask you to confirm if anything has changed since you filed your petition and depending on your case might ask for a few more documents or ask you about some specifics about your income, expenses, and property.

If you have questions about a bankruptcy, call us at (360) 685-0145 or use the “Ask an Attorney” link on our website to contact us today!

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