How to Prepare for Your Chapter 13
“Meeting of Creditors” Hearing

  When you file a Chapter 13 case, you will be required to attend a brief hearing that will be held around 30 to 45 days after your case is filed.  This hearing is called a “first meeting of creditors” and is presided over by your Chapter 13 trustee (not the judge).

  The meeting of creditors hearing is often referred to the “341 hearing” because Section 341 of the Bankruptcy Code describes it.

  The notice that you will receive in the mail about a week after your case is filed will contain the date, time and place for your 341 hearing.  341 hearings are typically held in the same place, so your attorney ought to be able to give you directions and a detailed description of the hearing room.

  341 hearings usually last around 5 minutes and the main purpose of the hearing is to permit creditors to announce claims and for the trustee to advise your lawyer of likely objections to confirmation that will be filed in your case.  Creditors do have the right to ask questions but given the tight time schedules, your trustee will usually only allow 2 or 3 questions at most.  Click on the like to learn more about the questions that are likely to be asked in your case.

  There are several steps you can take to prepare yourself for your 341 hearing:

• know where the hearing location will be and plan to arrive in time to find a parking spot and to get through the metal detectors at the courthouse
   
• make sure to bring two separate forms of identification.  You will need a photo ID (a driver’s license or passport) and you will need an ID that contains your full social security number.  Note that medical insurance cards or pay stubs often contain only the last 4 digits of the social security number.  If you need to get a replacement social security card, do so now.  Call our office if you have any questions about what constitutes proper ID
   
• read through your petition, especially the budget (Schedules I and J).  You may be questioned about your income or expenses and you need to know what was filed.  It is okay to bring a copy of your petition for reference
   
• if you hear that a particular creditor is planning to show up, make sure to discuss this with your lawyer
   
• if you note an error or omission when you are reviewing your petition, call your our office as soon as you can.  Sometimes we can file an amendment before your hearing to enhance your credibility
   
• dress in neat and clean clothes.  While your 341 is not a formal court hearing, you are the focus of the hearing and you want to make a good impression.  Slacks and a casual shirt are fine for men, and a skirt or nice pants with a neat blouse are appropriate for women. Work clothes are appropriate as well.  Avoid coming to court in a ripped t-shirt and shorts.
   
• answer the questions that are asked of you but do not volunteer information.  Remember, you have a lawyer there to represent your interests, so feel free to ask whatever question you wish.  If you show up at the last second, however, you may not have time to consult with your lawyer.
   
• remember that nothing final happens at a 341 hearing.  At worst, the trustee will file objections (objections are filed in 95% of Chapter 13 cases).  We will have plenty of time to fix any problems that arise at the 341 meeting.