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.

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