The 341 hearing, also known as your first court date or creditors' meeting, is an important step in the bankruptcy process. There’s no need to feel nervous—we’ll guide you through every step and be there with you the entire time to help you navigate
What to Expect at Your 341 Bankruptcy Hearing (Meeting of Creditors)
The 341 hearing, also known as the Meeting of Creditors, is an essential part of the bankruptcy process. While it’s natural to feel a little nervous, we’re here to support you every step of the way. This guide will cover everything you need to know to feel prepared and confident.
1. Setting and Duration of the Hearing
- Your hearing will take place on Zoom rather than in person. If you don’t have the login information, please contact Ari at 414-395-4513.
- In a typical session, multiple cases are scheduled every 30 minutes, so you may see other clients and attorneys present. This is similar to an in-person court setting, so rest assured you’re in the right place, and others are focused on their own cases.
- Please log in 10–15 minutes early to ensure you’re in the right Zoom session.
2. Courtroom Etiquette
- Dress as you would for court. Avoid hats, sunglasses, or inappropriate attire, and please refrain from smoking, drinking alcohol, or other inappropriate behaviors during the hearing.
- Location matters. Do not join the hearing while driving or moving around. If you’re in a car, please park safely. Join the call from a quiet, distraction-free environment.
- Name and Identification. Set your Zoom screen name to match the name on your bankruptcy petition, and ensure it aligns with your identification. Acceptable IDs include:
- Pictorial Identification: Driver’s license, passport, military ID, state ID, etc.
- Social Security Verification (showing full SSN): Social Security card, W-2 form, medical insurance card, etc.
3. Who Will Be Present?
- The Trustee: The hearing will be conducted by the trustee, whose role is to verify the accuracy and completeness of your bankruptcy petition.
- Potential Creditors: Creditors rarely attend, but they have the right to participate. If one does appear, your attorney will guide you through any questions.
4. Answering the Trustee’s Questions
- The trustee will ask questions to confirm the details of your bankruptcy petition. Be honest, concise, and avoid unnecessary details. Answer only the questions asked, and avoid sharing personal stories or grievances.
- Common questions include:
- “Have you signed your petition under penalty of perjury?”
- “Have you read the bankruptcy information sheet?”
- “Is all information in your petition accurate and complete?”
- “Have you received or anticipate any inheritance within six months of filing?”
- Penalty of Perjury: This means you affirm that all information in your petition is truthful under the law, as if sworn in court.
5. Zoom Best Practices
- Keep your camera on and stay muted until your case is called. Avoid activities like shopping, laundry, or moving around. Treat this as a formal court appearance.
- If you are unfamiliar with Zoom, reach out to our office for assistance or plan to join the hearing from our office if needed.
- Device Compatibility: You can use a computer, tablet, or phone, but make sure it’s stationary and has reliable internet.
6. Additional Guidelines and Tips
- Only filing spouses should be on the call. Family or friends not involved in the case should not be present.
- Joint Filings: If filing jointly, spouses can join from the same device, separate devices in the same room, or different locations.
- Translator Needs: If you need a translator, please let us know in advance so we can make arrangements.
- Bankruptcy Information Sheet: You’ll receive a document from the trustee explaining key aspects of bankruptcy. Please review this carefully before your hearing.
7. After the Hearing
- Typically, the 341 hearing is the only meeting you’ll need to attend. If additional information or documents are required, the trustee will notify you.
- If everything is in order, you can expect to receive a discharge within 60–90 days.
- Final Reminder: The FMC/DEC course does not need to be completed before your hearing but is required before discharge.
8. Other Common Questions
- Dismissal vs. Discharge: A discharge means your debts are forgiven, while a dismissal closes your case without relieving debt.
- Adjourned Hearings: If your hearing is rescheduled, it’s often for documentation purposes, and we will inform you if this applies.
- Attorney Appearance: Sometimes, a different attorney from our office may represent you during the hearing. Don’t worry—they’re fully prepared and here to support you.
9. What if I Need Help?
- We’re here to answer any questions or concerns before the hearing. If you need a quiet space to join or help with Zoom, feel free to come to our office.
- For clients who live nearby, joining the hearing from our office is also an option. If you need an in-person supporter like a friend, family member, or coworker, you may bring them for emotional support.
This guide covers everything you need for a smooth 341 hearing experience. Remember, this is a routine part of the process, and we’ll be with you every step of the way.
Video Guide for Using Zoom [Link provided below]
Please reach out to Ari or your attorney if you have any questions. With a little preparation, you’ll be well on your way through the bankruptcy process.
VIDEO ON HOW TO USE ZOOM BELOW
If you have any questions or concerns before the hearing, please reach out to Ari or your attorney for assistance. With some preparation and patience, the process should go smoothly.