The 341 meeting of the creditors is the same for both a chapter 7 and a chapter 13 bankruptcy. In a routine Oklahoma bankruptcy, debtors are required to make one court appearance. They are required to appear at a § 341 “Meeting of the Creditors.” This meeting stresses people out even though bankruptcy forgives so mush of their debt. We do it with you and are there every step of the way helping to make sure things do perfectly.
Oklahoma Bankruptcy Law
§ 341 of the United States Bankruptcy Code require each debtor to attend a “Meeting of the Creditors.” The meeting is intended to allow creditors to ask you questions about your circumstances related to your bankruptcy. However, creditors rarely show up for the 341 Meeting. Therefore the only people in attendance will be you, your attorney and the United States Trustee assigned to your case. The trustee is a specially appointed attorney employed by the bankruptcy court for the purpose of administering bankruptcy cases.
Oklahoma Bankruptcy Trustee
The trustee will preside over the meeting and essentially act as a representative of your creditors. The trustee’s job is to determine if there is money or property available to distribute to your creditors. The Trustee is also charged with gathering bankruptcy information. If the trustee collects any property or money he/she will distribute the funds to your creditors according to the creditor’s priority.
At the meeting you will provide a copy of your driver’s license and social security card. The trustee will compare your driver’s license and social security with your bankruptcy filings. The trustee will then put you under oath and begin asking you questions. The questions will typically be restricted to facts related to your assets and creditors. However, the trustee can ask you anything pertaining to your bankruptcy. Additionally this meeting is a chance for the trustee to place the debtor(s) under oath and require them to swear or affirm that the information in the petition is true and correct subject to the penalty of perjury.
What To Expect at The Meeting of The Creditors
Clients at the 341 Meeting of the Creditors should expect questions similar to the following:
State your name and address for the record.
If the debtor actual signed the petition, schedules and statement of financial affairs.
If the debtor read the petition, schedules and statement of financial affairs before they signed.
Have you read a bankruptcy information sheet.
Is all of the debtor’s property is listed in the schedules.
Has all the debtor’s creditors are listed in the schedules.
Whether they are subject to a court ordered domestic support payment (alimony or child support order).
If the debtor(s) own a vehicle or home.
Whether the debtor(s) have previously filed for bankruptcy.
Is the debtor(s) expecting a tax return?
Whether the debtor(s) have transferred away any property within the year preceding the bankruptcy filing.
When and for what purpose the debtor(s) have used their credit cards.
Whether anyone owes the debtor(s) any money and if so who, how much, and why.
The Trustee is not limited to these questions. You may be asked anything related to your situation and bankruptcy filing. The 341 Meeting generally take approximately 5 minutes.
Tulsa Oklahoma Bankruptcy Help
If you’re facing financial hardship you don’t have to go it alone. Bankruptcy is a federal program that entitles you to get most of your debt forgiven. There are certain requirements that you must meet but we can help you get through the process with as little stress as possible. Our bankruptcy attorneys file cases in all the bankruptcy courts in Oklahoma. Call today and get the information on your rights.