Questions You Will Be Asked At Your
Chapter 7 Meeting of Creditors Hearing
Your “341 hearing” will likely turn out to be your only court appearance in your Chapter 7 case. 341 hearings in Chapter 7 cases will be fast, relatively informal and not likely to result in any problems for you. Be aware, however, that 341 hearings in Chapter 7 are mandatory - if you fail to attend, the law says that you cannot receive a discharge.
While we urge you to make your Chapter 7 341 hearing a priority, we do understand that emergencies do happen. If you are not present at the call of the calendar, your Clark and Washington attorney will ask the trustee for a reset hearing. In most cases, we will be granted one reset hearing, which will likely be scheduled for the next week.
What Does the Hearing Room Look Like?
341 hearings are almost always held in a large conference room around a large conference table, as opposed to a formal courtroom. There is no judge present - only a Chapter 7 trustee. Your Chapter 7 trustee is a lawyer who serves as a trustee part time - sometimes only 2 or 3 days a month.
We advise our clients to show up 45 minutes to an hour before their scheduled hearing time. 341 hearings are scheduled on the half hour - if you are late, you could miss your hearing.
The Clark and Washington attorney who you met when you originally filed your case may or may not be the attorney who represents you at your 341 hearing. Our firm rotates our staff attorneys in various courtrooms. Your representative will have your file and will be prepared to answer your questions - you will have no trouble finding our staff attorney.
Note that you will be sworn in, and that your testimony will be recorded on a tape recorder. Please speak loudly and clearly and speak slowly.
Sample Chapter 7 341 Questions
Some Trustees ask only a few questions, others ask many. These are examples culled from actual hearings:
- State your name and address
- Did you meet with your lawyer or someone in his/her office to furnish the information contained in your Bankruptcy Schedules?
- Was this information true and correct then?
- Is it true and correct now?
- If not, please identify any changes
- Did you read and sign these papers before they were filed in Court. Have you read the Atlanta Bankruptcy Court Information sheet prepared by the U.S. Trustee prior to today’s hearing (this sheet is posted in the hearing room).
- Do you own any property now? If so please identify
- Have you owned any property within the last 5 years? If so please describe
- Has anyone in your family died within the last year or do you expect any inheritance within the next 12 months?
- Are you planning on reaffirming any property? Are you planning on surrendering any property
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