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Will there be a 341 meeting after my bankruptcy filing?

When a Floridian files for bankruptcy, he or she sets into motion a number of actions. A bankruptcy court will review the petition and ultimately make a decision on the filing. Some or all of a debtor's debts will likely be resolved at the conclusion of a filing. In the interim, however, a number of steps must occur before the resolution of debts. One of those steps is what is known as a 341 meeting.

A 341 meeting is a meeting of creditors that is held approximately 40 days after a debtor files his or her bankruptcy petition. A debtor's creditors are notified of the meeting, but they do not have to attend. The notice of the 341 meeting will include a date by which creditors must file complaints objecting to a debtor's discharge of debts.

Debtors have to appear for a 341 meeting and answer creditors' questions under oath. It is in a debtor's interest to attend, as failure to do so may result in the case being dismissed altogether. Interestingly, the 341 meeting may be the only formal proceeding for which a debtor has to appear after his or her bankruptcy filing, particularly for a Chapter 7 bankruptcy filing, as these claims are often resolved without a debtor appearing in court unless an objection is raised to the case.

A bankruptcy trustee assigned to the case manages the 341 meeting. The trustee will verify a debtor's identity by photo identification and Social Security number documentation at the meeting. A debtor may seek to continue or change the hearing date through contacting the assigned trustee.

A Florida resident who has questions about his or her bankruptcy filing, or who is considering filing for bankruptcy, may wish to seek legal counsel to guide him or her during the process.

Source: United States Bankruptcy Court, Middle District of Florida, "Frequently Asked Questions," accessed Jan. 1, 2016

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