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Tulsa Bankruptcy Attorney BlogChapter 7 Bankruptcy: What To Expect At The 341 Meeting

By Jerome Hutchinson, January 20th, 2014

341 meetingAt the 341 meeting, you will be questioned regarding your financial position, while under oath and under the penalty of perjury. Your bankruptcy trustee, who will be appointed by the court to work in a fiduciary capacity on your behalf, will present these questions to you. Your bankruptcy attorney may accompany you to the 341 meeting, but will have no role in the proceedings.

Where

Normally the meeting is held at a federal bankruptcy courthouse, and it will be attended by representatives of your creditors. The process is usually quick, typically lasting between 10 to 15 minutes, unless the trustee has an unusual number of questions regarding your debt situation.

The Oath

The meeting usually begins with the trustee giving you the oath, individually or with a group of other debtors who are present and awaiting their 341 meeting as well. At this time, the trustee may also point out to you that there is a zero-tolerance penalty for debtors who attempt to conceal substantial assets, and he or she will warn you that the penalty for bankruptcy fraud can include 5 years in prison.

After being given the oath, you will then be asked to come forward in the order in which you are listed on the calendar. The first order of business to ensue at this point will be the inspection of the two forms of identification you were asked to bring with you, typically a driver’s license and your social security card.

Identification

If you do not have the required identification, your 341 meeting will be postponed for another 30 to 60 days and so will the final discharge of your debt.

After the inspection of your identification is completed, you will be asked to verify that the address listed on your identification is still current and advised to update the court of any change of address that may occur during the bankruptcy proceeding.

The Trustee’s Bankruptcy Information Sheet

You will then be asked if you have read and understood the trustee’s bankruptcy information sheet that contains basic bankruptcy information regarding the discharge of debt under bankruptcy and the consequences of filing bankruptcy. If you have not read and understood the bankruptcy information sheet, your 341 meeting will be postponed until you have done so.

Your Petition

You will then be asked if you provided the information used to complete and file your bankruptcy petition and schedules, and whether you reviewed the information prior to it being filed. You will also be asked if you can swear that the information is truthful, correct and complete to the best of your knowledge and understanding at the time that you signed them.

You will then be asked further if you have listed all of your assets, pending inheritances or judgments in your favor that may be viewed as part of your estate for bankruptcy purposes. You will be asked if you have recently transferred assets outside of your estate, other than spousal support, child support or ordinary Christmas-style gifts. The trustee is interested in finding out if you have transferred any assets out of your estate with the intent of hiding them from your creditors, or if you have made any payments to creditors whom you prefer to satisfy before others.

Your Eligibility

The trustee will also want to know how long you have lived in the state of Oklahoma, and he or she will inquire about any prior bankruptcy filings you have been a party to, under the name and social security number you have given, or any others. This is in order to establish that you are indeed eligible to file bankruptcy and receive a discharge under federal bankruptcy laws.

Your Tax Return

You will be asked if you owe any child support or alimony, and you will be informed that the trustee will want to see your upcoming tax return. Any tax refund coming to you after you have filed will be property of your estate and it must be turned over to the trustee or you risk being denied a discharge of your debt.

Questions From Creditors

After all the requested documents have been presented, and the trustee is satisfied that all of his or her questions have been sufficiently answered, he or she will ask if there are any creditors present with any questions regarding your financial disposition. Creditors are allowed to send representatives to inquire about your ability to repay your debt, but they seldom do.

After these questions, if any, are asked and answered, your 341 meeting will be concluded. For information on what you should expect following your 341 meeting in Oklahoma, contact a knowledgeable Oklahoma bankruptcy attorney.

Free Consultation: Bankruptcy Lawyer

Debt Line attorneys have years of experience in Oklahoma bankruptcy law and in assisting clients in receiving a discharge of their unsecured debts through a Chapter 7 bankruptcy in Oklahoma. With a ten (10) minute, free phone consultation with one of Debt Line’s Tulsa bankruptcy lawyers, you can know what you qualify for and the costs and procedures involved.

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