what if you cant get your lawyer to go to the 341 meeting

by Buford D'Amore 10 min read

Notify the Trustee If You Can't Make Your 341 Hearing
Your meeting of creditors will usually take place 20 to 40 days after you file your bankruptcy. This should give you plenty of time to make arrangements to attend the 341 hearing.

What happens at a 341 meeting in bankruptcy?

Unless you qualify for a rare exception, you must attend your scheduled meeting of creditors. In general, if you don't go to your 341 hearing, the trustee will dismiss your bankruptcy case without a discharge of your debts. This means that you will have to refile your bankruptcy if you want to eliminate your debts.

What happens if I don't go to my 341 hearing?

Apr 04, 2022 · It’s important to remember that a 341 meeting is not a court hearing as the law does not permit a judge to attend a meeting of creditors. The meeting of the creditors called under Sec 341 is a serious and important meeting (although not a court hearing) where the bankruptcy trustee has the opportunity to validate the facts of the case, ask questions, get …

Do I need to attend the 341 meeting?

One of the best ways to prepare for your meeting of creditors is by working with the Massachusetts bankruptcy lawyers from Miller Law Group, P.C.. Our team will investigate your situation and make sure your 341 meeting is handled correctly. Call our team now at (508) 502-7002 to prepare for your 341 meeting of creditors. Our Massachusetts bankruptcy lawyers will …

Can the bankruptcy judge attend the meeting of creditors?

Does the trustee monitor your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary.

How does a trustee find bank accounts?

The trustee might find hidden assets by any of the following:a review of your debts (such as lots of furniture store debt but very little furniture)public record searches.online asset searches.payroll slips showing deposits into unlisted bank accounts or retirement accounts.bank records and tax returns, and.More items...

How do you overcome presumption of abuse?

If your income is over the median income for your state, you can still overcome a presumption of abuse by completing the second part of the means test on Form 122A-2, Chapter 7 Means Test Calculation. The means test calculation calculates your disposable income over a five year period.Aug 11, 2020

What questions will the trustee ask?

Questions the Trustee Can (and Will) AskDid you read and review your bankruptcy petition, including all of the schedules, before signing it?Was the information contained in the petition accurate when you signed it?Has anything changed since you signed the petition?Have you filed for bankruptcy before?More items...•Dec 31, 2020

Can creditors ask for bank statement?

Before you go to court, you'll need to prepare a full financial statement. This is so that your creditor can see whether you can afford to pay back the debt and how much. The financial statement shows in detail: how much money you have coming in.

How far back does a trustee look?

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021

What is presumed abuse?

Anyone who files for Chapter 7 after failing the means test is doing so under the “presumption of abuse.” This means the court presumes you are able to pay a portion of your unsecured debt but you are choosing not to do so.

What is the means test for Chapter 7?

The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.

What is statement of presumed abuse?

Within 10 days after the first creditors meeting, the trustee must file a statement that the petition is presumed to be abusive, that a presumption of abuse does not exist or that the petitioner has failed to provide documentation to complete the means test. This statement will be provided to the creditors.

Should I be nervous about 341 meeting?

Judging by the questions people ask about 341 meetings, people seem to think they're going to be very scary and intimidating. As long as you're going in with a trusted bankruptcy lawyer on your side, there is no reason to be nervous.Jul 8, 2019

What questions are asked in a 341 meeting?

Here are the questions you can count on being asked: Is the address on the petition your current address? Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?

Does Chapter 13 trustee check your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.Jan 23, 2022

What court meeting do you have to attend to file bankruptcy?

If you file a bankruptcy petition, you will normally be required to attend one court meeting, called 341 Meeting of Creditors.

Do I need to bring my ID to a metal detector?

In terms of what you should do, generally, you will need to bring your current ID and Social Security card, limit metal as you will usually have to go through a metal detector, and be on time, polite and brief as most of the questions can be answered with a “yes” or “no.”.

Can you screw up a 341 meeting?

However, as simple as this meeting is, it is possible to screw it up or to make it more difficult than it has to be, which may hinder discharge of your debts and may result in having to attend other court meetings, or pay extra legal fees. Here is what you should NOT do at the 341 Meeting of Creditors:

What happens if you attend a 341 meeting?

If any creditors do attend the 341 meeting, it is typically out of curiosity, to ask whether their debt will be reaffirmed, or to ask about the location and condition of their collateral.

What is a 341 meeting?

This meeting, which is required by Section 341 of the Bankruptcy Code, is also known as a “341 meeting.”. The meeting of creditors is scheduled by the clerk of the bankruptcy court shortly after a bankruptcy case is filed, together with other important dates, deadlines, and events. You can learn more about the bankruptcy process if you click here ...

What is a meeting of creditors?

The meeting is an opportunity for the bankruptcy trustee and creditors to question the debtor under oath regarding their assets, liabilities, and other matters that pertain to their bankruptcy case. A meeting of creditors is not an opportunity for creditors to pressure individuals that filed bankruptcy, or embarrass them.

What is the purpose of the 341 meeting of creditors?

The purpose of the meeting of creditors is largely informational, and the lack of participation by a creditor does not provide an advantage or disadvantage to them or to the debtor. 5. The 341 Meeting Of Creditors Is Not A Court Hearing. The bankruptcy law prohibits the bankruptcy judge from attending the meeting of creditors.

How many meetings are there in bankruptcy?

341 meetings are held in a meeting room or a courtroom. When the case is called, the bankruptcy trustee will place the debtor under oath, and ask to see a photo ID and documentation of the debtor’s social security number.

How many creditors meetings are recorded?

No legally binding decisions can be made for you, or against you. Nevertheless, the 341 meetings are recorded. Be careful and thoughtful with your answers, and don’t guess as to facts you don’t know. 6.

How many meetings of creditors are scheduled at the same time?

The time set for the meeting of creditors will be used for a number of individual meetings of creditors. It is not unusual for ten or twelve meetings to be scheduled for the same time.

What is the 341 meeting?

The 341 Meeting in Pennsylvania and nationwide is an important step in the bankruptcy process. It is a meeting that is Federally mandated by the U.S. Bankruptcy Rules and It is also one of the most misunderstood.

What happens after a trustee concludes a 341 meeting of creditors?

After the Trustee has concluded the 341 Meeting of Creditors, he or she will typically file a report that you have no non-exempt assets and then recommends that the Bankruptcy Court enters an Order which will discharge your debt automatically.

What is the purpose of a bankruptcy meeting?

The meeting is a formality to get your bankruptcy case moving along, and the only questions asked will be about your financial assets, to determine if everything has been prepared properly and to make sure that all of your assets have been properly disclosed and listed in your bankruptcy.

What to do if you left something out of bankruptcy?

Just answer the questions honestly. If something was left out of your bankruptcy you should immediately bring it to the attention of your bankruptcy attorney.

How to dress for a 341 meeting of creditors?

How to Dress for the Meeting of Creditors. When attending the 341 Meeting of Creditors, you should dress neatly, with the clothing that you have available to wear. That means you should wear clothing that you own. It does not need to be a suit as many individuals don’t have the money for the same.

What do you need to file for bankruptcy?

To proceed with bankruptcy you will also need a Social Security number or an Individual Taxpayer Identification Number from the IRS. The trustee wants to make sure that the correct social security number is listed. Otherwise, if a wrong social security number is listed, it will connect to another person.

Do you have to attend a meeting of creditors to file for bankruptcy?

You have to attend a meeting of creditors to move your bankruptcy forward. This meeting is mandatory. If you miss it, even if you have everything else in order, there is a very good chance your trustee will move to dismiss your bankruptcy case.

Our Massachusetts Bankruptcy Lawyers Are Ready to Prepare You

While there are multiple options for bankruptcy, they all have one thing in common: the 341 meeting of creditors. Outlined in section 341 of the United States bankruptcy code, this meeting requires debtors to answer questions about their debts and finances.

What to Expect During a Massachusetts 341 Meeting of Creditors

The meeting his held approximately 40 days after a person files for bankruptcy. While all creditors a person has debts with are notified of the 341 meeting, they’re not required to attend it.

Why Working with a Lawyer Is Smart During Bankruptcy

The 341 meeting is one of the most obvious ways to see the benefits of working with a bankruptcy lawyer. While nothing guarantees the outcome of your bankruptcy hearing, working with a lawyer provides you with help from a person who is familiar with how the process works.

Prepare for Your 341 Meeting of Creditors with Miller Law Group, P.C

When you call Miller Law Group, P.C., you’re turning to a group of lawyers who are focused on helping clients secure the financial freedom that they deserve. We provide the attention that every case deserves, and even meet each week to share our work and gain the perspective of other lawyers at the firm.