Within 30 to 45 days of filing your bankruptcy petition you will have to attend what is referred to as a Section 341 Meeting of Creditors. This applies to both Chapter 7 and Chapter 13 bankruptcy cases, although the procedure is slightly different in each case. Your bankruptcy attorney will attend this meeting with you and typically it is a fairly straight forward and simple procedure.
If you filed Chapter 7, the U.S. Trustee’s office will assign a Chapter 7 Trustee to your case and you will receive a notice of the time and date of the hearing from the bankruptcy court. At the 341 Meeting you will be asked to produce a photo ID and proof of your social security number. You will then be sworn in and asked under oath if you have listed all of your income, assets, and debts in your bankruptcy petition, and if all of the information in your petition is true and correct to the best of your knowledge and belief. The Trustee may ask either you or your attorney questions about information in your bankruptcy petition. Creditors are also allowed to ask questions but usually these are about the condition of collateral such as a car or the status of a reaffirmation agreement. For most Chapter 7 debtors the 341 Meeting lasts less than ten minutes and is the only court appearance required.
If you filed Chapter 13, there is a standing Chapter 13 Trustee automatically assigned to your case. You will need to make sure your first Chapter 13 payment is made within thirty days of your case being filed, failure to do so will result in the Trustee filing a motion to dismiss your case. You will need to show a photo ID and proof of your social security number. You will then be sworn in and asked under oath if you have listed all of your income, assets, and debts in your bankruptcy petition and if all of the information in your petition is true and correct to the best of your knowledge and belief. The Trustee may ask either you or your attorney questions about information in your bankruptcy petition. Creditor questions are usually limited to the condition and location of the collateral, such as a vehicle or furniture.
As experienced Georgia bankruptcy attorneys, The Ballard Law Group has represented hundreds of bankruptcy clients at 341 Meetings and we are thorough in the preparation of your bankruptcy petition so there are no surprises at the 341 Meeting. Call us today at 404-220-9906 to schedule your free initial consultation at either our Atlanta or Lawrenceville office.