The 341 meeting is required in every bankruptcy case, but it is usually brief and straightforward. Most last 5-10 minutes. Here is what to expect in the Southern District of New York.
The 341 meeting (named after 11 U.S.C. section 341) is a required hearing where the bankruptcy trustee and any creditors can question you under oath about your finances and the information in your bankruptcy petition. It takes place about 21-40 days after filing and usually lasts only 5-10 minutes.
The 341 meeting of creditors (named after 11 U.S.C. section 341) is a required hearing in every bankruptcy case. The trustee assigned to your case - and any creditors who choose to attend - may ask you questions under oath about:
The meeting is not held in a courtroom and the judge does not attend. It typically takes place in a conference room at the courthouse or by phone/video.
Answer honestly and briefly. If you do not know the answer, say so. Your attorney is present to help.
341 meetings in the Southern District of New York are held at:
Many S.D.N.Y. 341 meetings are currently conducted by telephone or video conference. Your attorney will confirm the format and provide dial-in or login information.
A required hearing where the trustee asks questions under oath about your finances and petition. It happens 21-40 days after filing and usually lasts 5-10 minutes. Full guide.
Common questions: Is this your petition? Did you list all assets and debts? Have you transferred property recently? Are you expecting tax refunds or inheritances? Short, honest answers are sufficient.
Creditors have the right to attend but rarely do in consumer cases. If a creditor does attend, they may ask about specific debts. Your attorney is present to protect your interests.
Attendance is mandatory. If you have a legitimate conflict, your attorney can request a continuance. Missing the meeting without rescheduling can result in dismissal of your case.
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