Users' questions

What is first meeting of creditors?

What is first meeting of creditors?

The first meeting of creditors The meeting is nick-named the “341 meeting” after the section of the bankruptcy code that requires it. The trustee assigned to the case presides and asks questions of the debtor about the contents of the bankruptcy schedules.

What happens if you miss your meeting of creditors?

The meeting of creditors is a required hearing in bankruptcy. When you file your case, the court will send you a notice to inform you of the date, time, and location of your 341 hearing. In general, if you don’t go to your 341 hearing, the trustee will dismiss your bankruptcy case without a discharge of your debts.

What do you need to know about the meeting of creditors?

Here are the top 10 things to know about the meeting of creditors: 1. You Must Attend The Meeting Of Creditors. The meeting of creditors is the only mandatory appearance that most parties must make after filing bankruptcy. The 341 meeting must be attended when scheduled, and both spouses must appear if the bankruptcy is a joint case.

Why is the first meeting of creditors called the 341 meeting?

Everyone who files a Bankruptcy case, whether it is a personal case or a business case, has to attend the Meeting of Creditors, which is sometimes called the “341 Meeting” because it is required by Section 341 of the Bankruptcy Code .

When was the first meeting of creditors minutes published?

The Chairperson confirmed that the meeting notice was published on the Australian Securities and Investments Commission (“ASIC”) Insolvency Notices website on 7 September 2017, as prescribed by rule 75-10 of the IPR.

When does a trustee adjourn a meeting of creditors?

The trustee will adjourn the 341 meeting of creditors when all questions have been asked and answered, which often takes less than five minutes. For most parties that file bankruptcy, there are no Court hearings with a judge, and the meeting of creditors is the only face-to-face interaction with the trustee or the court system.

Where does the meeting of creditors take place?

One of the most important parts of your bankruptcy case will be the bankruptcy meeting of creditors – sometimes called the 341 meeting. It normally takes place in a meeting room – not a courtroom – where you’ll meet your bankruptcy trustee.

Everyone who files a Bankruptcy case, whether it is a personal case or a business case, has to attend the Meeting of Creditors, which is sometimes called the “341 Meeting” because it is required by Section 341 of the Bankruptcy Code .

What happens if I miss a meeting of creditors?

If you miss your meeting, the trustee can schedule a new date for your meeting, extending the length of your bankruptcy proceeding as a result. That’s the best case scenario. They can also ask the bankruptcy court to dismiss your case. Then make sure you have the time off (if needed) and have child care in place for the time of your meeting.

What to bring to a meeting of creditors?

The bankruptcy laws require that the bankruptcy trustee check the identity and social security number of every person filing bankruptcy. If you forget to bring either a photo ID (like your driver’s license) or proof of your social security number (your social security card or last year’s W-2 will work nicely), the trustee can’t hold the meeting.