Florida Bankruptcy – Meeting of Creditors
It is critical to have an experienced Florida bankruptcy attorney at your side when going through
the process. Your attorney can explain exactly how the process will work in your case and
represent you in the court and interactions with creditors.
For example, all those who file for bankruptcy—both Chapter 7 and Chapter 13—must attend
a Meeting of the Creditors, also called a “Section 341 Meeting” based on the section of the
Bankruptcy Code that requires the meeting. The meeting is run by a trustee and occurs within
45 days after your bankruptcy petition is filed.
You are required to attend the meeting, but it may be the only appearance you have to make
throughout the bankruptcy process. While timing can vary, in many cases this meeting only lasts
a short time, perhaps ten minutes. It does not have to be an intimidating process, and there are
rarely any surprises during the session.
The Purpose of the Meeting
The 341 Meeting serves various purposes, and is used to guide your overall case. For starters,
the meeting is used to confirm your identity—you will be required to bring documentation like a
license and social security card. But even if you do not have these materials, other identification
options may be available.
In addition, the trustee leading the meeting will discuss the documents filed by your attorney
with the court. This includes your “schedule” list of assets and liabilities which lay out your
financial situation. Questions may be asked about the detail of those documents. For example,
in a Chapter 7 bankruptcy, the trustee may ask for more information about non-exempt assets
which may play a role in the liquidation process and about your potential for buying back those
items. The trustee’s role is to make sure that everything has been properly disclosed and the
documents filed are in compliance with the law.
Some commonly asked questions at 341 Meetings may include:
• Did you examine your bankruptcy petition and schedules?
• Was the information complete and accurate?
• Did you personally sign the petition?
• Have you experienced any changes in your financial situation since filing the petition?
The meeting also provides an opportunity for creditors to ask questions to better understand
your bankruptcy schedule. Creditors are not required to attend this meeting, and in fact they
rarely appear at the 341 meeting. Your attorney can explain more about this process, and
provide advocacy for you throughout the process.
Contact Us Florida Bankruptcy Attorney
Your bankruptcy attorney will help answer all of your questions about 341 Meetings, and ensure
you are prepared for the process. To get started today, please contact the Florida bankruptcy
lawyers at Dolaghan Law. With offices in Daytona and Jacksonville, we are happy to help
residents in Northeast Florida and the surrounding areas get a fresh financial start. Feel free to
send us a message online or give us a call at 904-354-4935 to see how we can help.