1st Meeting of Creditors (341 Hearing)

The First Meeting of Creditors is often the first and only experience many Americans have with respect to a formal bankruptcy proceeding. The meeting or hearing itself is short, usually only five to fifteen minutes. The hearings are arranged in lists of one hour blocks of ten minutes each. The creditors meeting is an opportunity for creditors to appear and ask questions of the debtors.  It is not common for creditors to appear, but it is always a possibility.

Before The Hearing

Each debtor is responsible for providing requested documents to the trustee. The trustee will send the debtor (or the debtor’s attorney) an email requesting the documents.  It is extremely important that the debtor provide complete, legible documents to the trustee by the deadline.  The letter is always available on the “Debtors & Counsel” page.  The documents must be uploaded on the Trustee Collaborative website - see the "Debtors & Counsel" page for more details.

The debtor must login and appear at the hearing. There are very few circumstances in which a hearing date may be changed, as the creditors are noticed in advance.  Make any necessary arrangements to ensure that the all filing parties are present at the hearing.

In order for the meeting to start, GOVERNMENT ISSUED proof of social security number and photo identification must have been provided.  

All debtors must submit requested documents to the trustee. Debtors that fail to submit documents, submit documents after the deadline, or do not submit documents according to trustee’s specification are in danger of a dismissal of bankruptcy case or a revocation of discharge!

Questions about submitting your information? Check this web site before calling the trustee’s office. NOTE: The trustee is not able to provide legal advice, instructions, or counselling to debtors.  Please contact your attorney with questions about your bankruptcy.

During The Hearing

For telehone 341 meetings:  Call in early.  Put your phone on mute until you are prepared to participate in a case.  When the case is called, remember to take your phone OFF mute.  Please do not put the call on hold for any reason.  

For Zoom 341 meetings likely to commence in late Spring 2024, Log in early and ensure that the name on your login device matches your name or case number.   The trustee will match debtors, debtors' counsel and crediors in the waiting room and invite the group into the meeting session on Zoom, and begin with a short set of announcements and instructions. He will then call each bankruptcy case one-by-one.

Answer clearly.  Hearings are recorded and the testimony is under oath. Be prepared. You must have previously providedthe trustee with  proof of debtor's social security number and a photo ID. Both MUST be original and government issued. The hearing cannot be completed without proof of ID.

After The Hearing

Update your address. The bankruptcy court communicates almost completely through the mail.  There are no process servers.  If there are developments in your case, and you fail to receive notice because you did not keep an address current, it will not be an acceptable excuse.

For most, a discharge will be issued and the 341 Hearing is the only time you will need to need to appear.  The trustee’s office does not issue the discharge. Please contact the Bankruptcy Court - Clerk's Office - with questions about the discharge.