Understanding 341 Meeting of Creditors in Bankruptcy: What to Expect

Hey there, welcome to another podcast episode. Today’s topic is what happens when you file for bankruptcy and what happens at the 341 meeting of creditors when Chapter 7 or Chapter 13 bankruptcy is filed, including the role of the trustee and the judge.

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What is the 341 Meeting of Creditors

So you’ve heard that term, 341 meeting of creditors, hundreds of times by now. You’ve come across it researching when considering filing for bankruptcy. So, let’s get into the weeds on this issue.

First, I need you to understand that this is not your normal hearing. Whatever you’ve seen on TV with lawyers being adversarial with the witness who falls apart on the stand within minutes makes for great TV, but it’s not reality. A 341 meeting is most likely the complete opposite of what you would expect in a formal legal proceeding.

This means there’s no bankruptcy judge. Judges are prohibited under the Bankruptcy Code from attending the 341 meeting of creditors. So there’s no bankruptcy judge issuing rulings, telling the witness they will be held in contempt of court for refusing to answer the question. You will see none of that. Since there’s no bankruptcy judge, there’s no jury either.

Also, are you ready for this one? Even though it’s called the meeting of creditors, chances are you won’t see any creditors there. I’m being serious. I’m not exaggerating. I can’t remember the last time I saw a creditor at the 341 hearing.

The Bankruptcy Trustee

The bankruptcy trustee will be there and ask general questions about the bankruptcy petition. The questioning lasts approximately five minutes. In Miami, after so many years of practicing law and developing relationships with the bankruptcy trustees, some trustees only had my clients swear in. I would announce my appearance, and the trustee’s only question would be if any creditors were present. That should show how things are somewhat different with bankruptcy.

If a creditor does appear, typically an individual who received notice, and while the trustee will allow some questioning of the debtor, more than two minutes would be surprising. Creditors can take other measures, such as seeking a 2004 examination, which is similar to a deposition. If a creditor wants to object to the discharge of the debt, they will file an adversary.

I did write a blog on Rudy Giuliani, actually several, where the next step creditors were likely to take was the adversary proceeding to object to the discharge of the defamation lawsuit. Fast forward. His case was dismissed since he wasn’t cooperating with providing documents.

So now you know there’s no judge or jury, so where is the meeting of creditors’ hearing held? That depends on where you are. If you’re in Colorado, which only has one district, you won’t be driving three hundred miles to attend any hearings. The hearings could take place anywhere.

For example, I know that 341 meetings are held at a university in Farmington, New Mexico. I believe in Colorado Springs it is at City Hall. In other cities, it might be a trustee’s office. Of course, these are smaller districts. In major cities like Miami and Jacksonville, it’s usually at the courthouse but in a separate room since the bankruptcy judge can’t attend.

What You Need to Bring to the Creditor’s Meeting

Please. Please. Please take your driver’s license and original Social Security card if you want to save money. Why save money? Because if your lawyer has to attend a second hearing because you did not bring them those two forms of ID, trust me, you will be billed additional attorney’s fees.

We bill by the hour. It is no different than getting paid by the hour by your employer. So, if we have to go to a second hearing, it will cost you between $150 and $500.00. So keep that in mind. I know you’re nervous and stressed out, but take it from me: it’s not a big deal. The hearings tend to be laid back. I suggest you get there early. Nowadays, the meeting of creditors is conducted remotely. Usually by phone, but a trustee could require an in-person appearance.

If that’s the case, the hearing notice provides a code to access the hearing. Do so early, or even consider listening in on another hearing. It could be another trustee. It doesn’t matter since they tend to ask the same questions. There is a blog post where I review the questions asked by the trustee. You can read that blog post below.

• What Does the Bankruptcy Trustee Ask at the 341 Meeting?

As to your original Social Security card, your tax returns aren’t going to work. I know that back in the day, for whatever odd reason, we older folks carried around our Social Security card in case it was needed, as if an emergency job was going to be offered. It’s weird, if not ridiculous, but back in the day, that’s how we rolled. So, for the next generation, please don’t make fun of us.

What Will the Bankruptcy Trustee Ask at the 341 Meeting of Creditors

Now, do read the link with the specific questions asked at the creditor’s meeting, as I’m only going to go over the basics in this post.

Some of the questions you can expect from the bankruptcy trustee are if you signed the petition freely and voluntarily and if it was explained to you by your lawyer. In Miami, most of my clients only spoke Spanish, or that was their predominant language. So, if there’s an interpreter, the trustee will confirm if the petition was translated from English to Spanish.

A trustee will likely ask if anybody owes you money. Why? Well, if you answer, “Yes, my uncle owes me $10,000.” Trust me, the trustee will go after your uncle for those funds as they belong to the bankrupt estate.

The trustee usually asks if any changes to the petition are required. I blogged on that issue and how to resolve the issue.

Mostly, if there’s anything I want you to take away from this blog is that the meeting of creditors is nothing like divorce court, criminal cases, etc. It’s not adversarial. The overwhelming majority of trustees are friendly people. They’re very calm. They’re very relaxed. Yes, there are exceptions. Trust me, I’ve had to deal with a few. But knowing the process should put you at ease.

So, calm down. Take a deep breath. Relax. If you’re doing this remotely, burn some scented candles or incense. Do whatever you have to calm yourself down.

By the way, speaking of scented candles, I posted on X today that I attempted to make coffee-scented candles. It didn’t work, but then again, my wife says the house does smell like coffee.

Any comments? Feel free to reach out to me on social media. Take care. Be safe.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

Need to look for prior blog posts or other categories? Click the links below:

• Bankruptcy
• Your Wallet

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.

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

Updated April 3, 2025.

Updated on September 7, 2025.