How Do I Get Ready for the Meeting of Creditors?
Posted on May 28, 2014 4:22pm PDT
One your bankruptcy papers have been filed, you will be told the day and time of your 341 hearing, or the meeting of creditors. The time between filing for bankruptcy and attending the hearing can be a crucial one, as you need this time to gather the documents you need for this hearing, one of the vital first steps in your case. Keep reading to learn more about what to expect from this hearing, and how you can prepare for it.
The first step is a quick one: check your calendar. The date of your meeting was likely set for 20 to 40 days in the future, and you are not allowed to ask for a new date for anything less than an emergency, for example. This means that if you have plans or work at that time, you will need to move your schedule around, ask for time off work, etc. Otherwise, if you miss the meeting, the trustee is likely to dismiss your bankruptcy.
Now onto the hearing itself. This is a time where you will go before the bankruptcy trustee and creditors about your bankruptcy and finances, and you'll be under oath. The bankruptcy trustee wants to ensure that everything in your filing is accurate. This means that you may have to send important documents to the trustee beforehand, papers such as tax returns, bill statements, paystubs, etc. At minimum, you will need to send your newest federal tax return to the trustee no less than 7 days before the hearing.
Then before you actually show up at the meeting, you should go over your bankruptcy filing. Not only will this remind you of what is on there, making it easier for you to answer questions, but you can catch any mistakes if they are there. If you have time, then you can complete an amendment in order to fix any errors. If you don't have time, be sure to bring the error to the attention of the trustee so that it can be taken care of at the meeting of creditors.
Finally, here are some the documents and papers you will need to bring to the 341 hearing, which can equip you to answer questions, and enable you to provide the bankruptcy trustee with copies of the documents that he or she needs to see:
- Bankruptcy petition
- Supporting documents (tax returns, bill statements, etc.)
- Your ID (a driver's license works)
- Social Security Card
Honestly, to be safe you should bring copies of any papers you think are pertinent. Or better yet, speak to a bankruptcy attorney today to learn how you can be fully prepared for this hearing.