By Philip Tirone
The 341 meeting is a short, recorded interview with a bankruptcy trustee. It is not a court hearing with a judge. In this episode of the Bankruptcy Explained podcast, Phil tirone walks through a real 341 meeting with attorney Luke Homan so you know exactly what to expect and how to prepare. Check out the full video below, or read the FAQs for quick answers to the main questions covered in this episode.
Frequently Asked Questions
- What is a 341 meeting?
- Is the 341 meeting on Zoom now?
- Do I have to appear by video?
- How should I answer questions during my 341 meeting?
- What identification do I need during my 341 meeting?
- How long does a 341 meeting take?
- Will my attorney be with me during my 341 meeting?
- What if I did not read everything before I signed my bankruptcy documents?
- Do I have to list every debt and every asset?
- Can I repay my mom or a friend after bankruptcy?
- Why do they ask for my employer’s address?
- What is the Bankruptcy Information Sheet and do I need to read it?
- What is the second counseling class and why does it matter?
- What if my address on the petition is not current?
- Why do they ask about inheritance in the next six months?
- What about tax refunds?
- What if my wages were recently garnished?
- Do I have to disclose lawsuits or class actions?
- How often do creditors show up to 341 meetings?
- What happens in a joint case with spouses?
- What if I filed bankruptcy before?
- Do people file bankruptcy without an attorney?
- Do trustees ask anything beyond the standard list?
- What is the goal of the 341 meeting?
FAQ: What is a 341 meeting?
The 341 meeting is a brief interview with the trustee to verify your identity, confirm your paperwork, and ask a few standard questions. No judge is present and creditor appearances are uncommon.
FAQ: Is the 341 meeting on Zoom now?
The 341 meeting is usually on Zoom, and you should follow your trustee’s instructions for when to appear on video.
FAQ: Do I have to appear by video?
You have to appear by video for your 341 meeting unless you received advance permission to appear by phone from the US Trustee Program.
FAQ: How should I answer questions during my 341 meeting?
You should answer questions with clear yes and no statements because the audio is recorded and nodding cannot be captured.
FAQ: What identification do I need during my 341 meeting?
You need a government photo ID and proof of your full Social Security number from an official source, such as your Social Security card or an award letter, W-2, or 1099 that shows the full number.
FAQ: How long does a 341 meeting take?
A typical 341 meeting takes about three to five minutes once your case is called.
FAQ: Will my attorney be with me during my 341 meeting?
Your attorney will be present, either on the same Zoom feed or a separate one, and will make an appearance on the record.
FAQ: What if I did not read everything before I signed my bankruptcy documents?
If you did not read everything before you signed your bankruptcy documents, the trustee will usually continue the meeting so you can review the papers with your attorney and correct anything that needs fixing.
FAQ: Do I have to list every debt and every asset?
You have to list every debt and every asset, including loans to or from family and friends, and you should amend your schedules if you forgot one.
FAQ: Can I repay my mom or a friend after bankruptcy?
You can repay your mom or a friend after your case is over, but they cannot try to collect during the case.
FAQ: Why do they ask for my employer’s address?
They ask for your employer’s address because it is a required question, so be ready with the full address and zip code.
FAQ: What is the Bankruptcy Information Sheet and do I need to read it?
The Bankruptcy Information Sheet is a one page overview from the Department of Justice, and you should read it before your meeting because the trustee will ask if you did.
FAQ: What is the second counseling class and why does it matter?
The second counseling class is a post-filing financial management course, and you must complete it to receive a discharge.
FAQ: What if my address on the petition is not current?
If your address on the petition is not current, you should file a change of address so you receive all court mail.
FAQ: Why do they ask about inheritance in the next six months?
They ask about inheritance in the next six months because any right to an inheritance within 180 days after filing may belong to the bankruptcy estate, so disclose any situation that could lead to one and notify your attorney if it happens.
FAQ: What about tax refunds?
Tax refunds must be reviewed by your attorney and trustee, so file on time, send a copy to your attorney, and do not spend the refund until the trustee clears it.
FAQ: What if my wages were recently garnished?
If your wages were recently garnished, you should tell the trustee who took the money and how much because the trustee may recover it.
FAQ: Do I have to disclose lawsuits or class actions?
You have to disclose any lawsuits, personal injury claims, or class actions that existed before filing, and you should contact your attorney before cashing any related checks.
FAQ: How often do creditors show up to 341 meetings?
Creditors show up less than about five percent of the time, usually to confirm vehicle insurance and location, and they cannot get orders at the meeting.
FAQ: What happens in a joint case with spouses?
In a joint case with spouses, both spouses must appear and answer separately without talking over each other to keep a clear audio record.
FAQ: What if I filed bankruptcy before?
If you filed bankruptcy before, you should answer truthfully about the chapter and timing since that can affect discharge eligibility.
FAQ: Do people file bankruptcy without an attorney?
People do file without an attorney, but pro se cases often lead to longer meetings and more follow up since filings are often incomplete or incorrect.
FAQ: Do trustees ask anything beyond the standard list?
Trustees may ask beyond the standard list based on local practice, including questions about recent moves across state lines, payments to attorneys, minerals or real property, or other potential assets.
FAQ: What is the goal of the 341 meeting?
The goal of the 341 meeting is to confirm your identity, verify the accuracy of your documents, and create a clear record, and the trustee may direct amendments or continue the meeting if something needs correction.
