Meeting of Creditors

 As with everything else, what happens at your meeting of creditors, or 341 as we call it, depends greatly on where your case is filed.  In the Western District of Tennessee, Eastern Division, you will find it to be a relatively calm process.  The meetings are currently held over the phone thanks to Covid.  The court schedules a group of our clients every other week on Tuesday.
  When it is your turn, we will call you from our office. Generally you can expect us to call you between 9:00am and 10:30am on the date set by the court. You will get a notice in the mail a few weeks ahead of time. Generally the hearing is set about 5 or 6 weeks after your case is filed.  If you receive the notice of your meeting date and know that you will be unable to answer the phone for some reason, go ahead and call your attorneys office to discuss what options are available to you.
     The judge is not present, but it is considered a court proceeding, with the meeting recorded and you are testifying under oath.  The Trustee or his staff attorney will ask you a series of questions that you will answer, generally with a “yes” or “no” response.  Remember that it is being recorded so you must speak up and speak clearly to be recorded.  If you do not understand a question that the Trustee asks, you may ask the Trustee to repeat or clarify the question.  The Trustee may also ask you to repeat or clarify your answer if they do not hear or understand your answer.   Be sure your phone has plenty of signal and battery, and that the background noise is minimal. Please try not to have machines, televisions, radios, or children in the background.
   The Trustees generally are not asking you trick questions, but will ask things like:
  • Did you give your attorney all of the information necessary to prepare your bankruptcy petition?
  • Did you read and sign the petition and are you familiar with its contents?
  • Is everything in the petition true and correct?
  • Do you live at the same address as when you filed your case?
  • Is there any land with your name on it, regardless of whether it is paid for or whether other peoples names are also on it? If so, what is the current value, how much do you owe on it, and when did you buy it and how much did you pay for it?
  • Do you have any automobiles (cars, trucks, etc.) in your name? If so, what are the values and amounts owed on them?
  • If you have medical bills, are they due to accident or injury?
  • Do you have any lawsuits that you are currently involved in or expect to be involved in where you are suing someone else?
  • Do you owe a domestic support obligation (do you have to pay child support or alimony)? If so, what is the name and address of the person you pay? Are you up to date since your case was filed?
  • How many children live with you that you have legal custody of?
     After the trustee’s questions, the trustee will ask if any creditors have any questions. If any creditors have any questions, they can ask those questions.  Generally, though, few creditors really appear and ask questions.  Most of the time the creditor’s attorney has already contacted your attorney with whatever questions they may have. If they do ask questions, though, remember to speak clearly, and only answer the question you are asked.  Neither the trustee nor the creditor’s attorney wants to know the back story behind your answer, they just want the answer.
     While this may sound like a long process, once it is your turn, it generally is no more than two or three minutes.
     If you have any questions about what happened at your meeting, wait until your meeting is over to ask your attorney.  Remember that the entire proceeding is being recorded, and you do not want any attorney-client privileged information being recorded.
     Don’t forget to complete your debtor education class. You can’t get a discharge without it!