What to Expect at Your Chapter 7 Bankruptcy Hearing

There’s no doubt that attending court and dealing with the legal system can be an intimidating process. But in this post, I will explain what happens at the 341 creditors meeting when you file your Chapter 7 bankruptcy petition. This should give you a better understanding of the process and what you can expect from the bankruptcy trustee. Knowing in advance what happens at the meeting of creditors will ease your mind and give you control of the situation as you continue toward the path of financial freedom.

Updated on February 11, 2025.

Key Points:

• Know the questions the bankruptcy trustee will ask at the 341 meeting of creditors.
• Make sure to have your identification such as driver’s license and original Social Security card with you.
• Arrive early to your hearing.

What is the 341 Meeting of Creditors

The 341 Meeting of Creditors is titled under Bankruptcy Code 11 U.S. Code § 341 – Meetings of Creditors and Equity Security. It is routinely called the 341 meeting as that is the section of the Bankruptcy Code it relates to.

While it is called the “meeting of creditors,”  the reality is that creditors rarely appear. The 341 hearings typically last 5 minutes. So, it’s not a lengthy hearing, and there is no time for creditors to get into details by asking debtors questions.

If creditors need more time to question a debtor, they have the option of a 2004 examination.

The 2004 examination is similar to a deposition. A creditor can request specific documents and question a debtor for an extended period, which is not an option at a 341 meeting of creditors.

The bankruptcy trustee does have the authority to allow questions for a reasonable amount of time. Still, because the 341 calendar typically has 5 cases every half hour, the trustee will cut the questioning short.

What is the Process at a 341 Meeting

The 341 hearing, depending on which bankruptcy district you are in, could be at the courthouse or, in some districts, the bankruptcy trustee’s office,  government buildings, and even universities.

At the 341 hearing, the judge is prohibited from attending. So, it differs from what you’re most likely used to whether you have attended a trial or even seen one on TV. It is nothing like that.

There’s no judge, no jury, and there aren’t two lawyers asking questions of witnesses.

Usually, at the 341 hearing, it is a room with the debtors waiting to have their cases called, the bankruptcy attorneys, and the trustee.

Where are the Creditors Meetings Held

When you receive your hearing notice, it will list the hearing date, time, and location.

Now, depending on the size of your district, the 341 hearing may not be heard at the courthouse.  For example, the Southern District of Florida, which includes Miami-Dade County, Broward County, and Palm Beach County, has a substantial amount of bankruptcy cases filed. Each district has a courthouse, and the 341 hearings are held at the courthouse.

However, if a state has a limited number of bankruptcy cases filed, such as Colorado, there may be only one district, and there is only one courthouse located in Denver.

So, a debtor and bankruptcy lawyer living 200 miles outside of Denver will not attend any hearings there.  While doing research for my bankruptcy law textbook, I discovered that one trustee in Colorado conducts the 341 hearing at their local City Hall building.

In Farmington, New Mexico, just south of Durango, Colorado, the 341 hearing is conducted at a university.

Regardless of your district, post-COVID-19, the bankruptcy trustees are conducting the 341 hearings remotely. It could be done by telephone or Zoom.

What Questions Can Be Expected at the 341 Meeting of Creditors

The questions asked by the bankruptcy trustees at the 341 meetings are similar for most debtors. Granted, there could be exceptions because one debtor has a business, and another debtor did transfers of assets within a certain amount of time before filing for bankruptcy, but even then, the questions tend to be the same.

Here are the questions you can expect from the bankruptcy trustee.

Proof of Identity at the 341 Meeting of Creditors

1. State your name for the record. 

2. Is the address on the petition your current address?

At this point, either your lawyer or you will hand your driver’s license and Social Security card to the trustee. Please ensure your identification is on hand or give it to your lawyer before the hearing. When trustees have to wait for someone to dig through their wallet or purse for their identification, trust me, they get frustrated, and the hearing started on the wrong foot.

While most people have no idea where their Social Security card is, trustees rarely will approve your tax returns as proof of your Social Security number.

• Avoid These Common Mistakes When Filing for Bankruptcy

If you happen to be in a large district like Miami, Florida, where the 341 hearings are held in the Claude Pepper Federal Building that has multiple government agencies within the same building, including the Social Security Administration, you could obtain proof of your Social Security number. However, the catch is that it could take hours to get this information because appointments are made in advance.

At that point, neither the bankruptcy trustee nor your lawyer will wait for hours, so your hearing would have to be continued. If that happens, note that your bankruptcy lawyer will likely charge an additional fee.

If your identification matches the bankruptcy petition, the trustee will confirm that on the record. Remember, the hearing is being recorded.

Questions Regarding the Bankruptcy Petition

The trustee will ask basic questions regarding the bankruptcy petition. For example, the trustee may ask:

1. If you signed the petition, schedules, statements, and related documents, is the signature your own? 

2. Did you read the petition, schedules, statements, and related documents before you signed them? Was the petition explained to you by your attorney?

3. To your knowledge, is the information in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions that need to be corrected?

Assets and Bankruptcy

Remember, even if your asset(s) is exempt or protected, it must be listed in your bankruptcy petition. The same applies to all debts, whether those debts can be discharged in bankruptcy or not.

So, the bankruptcy trustee will confirm that all your assets were listed. For example, the trustee might ask if all your assets are identified on the schedules. Were all of your creditors listed on the schedules?

Prior Bankruptcy Filings For Chapter 7 and Chapter 13

The trustee will ask if you have filed for bankruptcy in the past because there are restrictions on when bankruptcy can be refiled under the Bankruptcy Code.

With Chapter 7 bankruptcy, you must wait eight years to refile another Chapter 7 after the discharge has been received. If filing Chapter 13 after Chapter 7 bankruptcy, then it’s four years.

If a Chapter 13 bankruptcy discharge was received and now a Chapter 7 bankruptcy has to be filed, the waiting period is six years. If Chapter 13 is being filed again, it’s two years after receiving the discharge.

Refiling for Bankruptcy But a Discharge Wasn’t Received

If a discharge was not received because the bankruptcy was never completed, then there is a six-month period before a debtor can refile for bankruptcy. This is known as the prejudice period.

Depending on the facts of the case, it is possible to reduce the prejudice period by filing a motion and scheduling a hearing before the bankruptcy judge.

Other Questions That the Bankruptcy Trustee is Likely to Ask

The trustee may confirm your employment status and your current employer.

Trustees also confirm if the copy of the tax return provided is a true copy of the most recent tax return you filed. If a tax refund was given in prior years, there may be more questions regarding your refund, as that is an easy way for the trustees to get money.

Here is a prior blog post on bankruptcy and tax refunds.

Domestic Support Obligations

Domestic support obligations or DSOs pertain to child support and alimony. Remember that all debt is not dischargeable in bankruptcy, including domestic support obligations. A prior blog post summarizes which debts can be discharged in bankruptcy and which cannot. You can find that post below.

Criminal Fraud and Bankruptcy

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. For paralegals and students buying single copies, you can do so via Amazon books. To access my YouTube channel, click this link.

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Please note the information on this site does not constitute legal advice and should be considered for informational purposes only.