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Minnesota Bankruptcy Lawyer

Serving people in Dakota County, Hennepin County, Ramsey County and elsewhere in Minnesota

Many debtors are concerned about having to go through the "meeting of creditors" in bankruptcy, otherwise known as the "341 Hearing." This bankruptcy hearing is important, but can be dealt with in a straightforward manner by a debtor who makes sure to file full and accurate information with regard to his or her bankruptcy petition and the accompanying schedules and statements. A debtor should also come to the hearing properly prepared to provide necessary information.

Procedures for Meeting of Creditors / 341 Hearing

After the bankruptcy has been filed the court will mail out a notice of the commencement of the debtors bankruptcy. The notice sets forth information to the creditors that a bankruptcy has been filed by the debtor with appropriate warnings related to continued collection efforts. A meeting of creditors will be scheduled to take place approximately 30 days after the date the bankruptcy petition is filed. The trustee and debtor (as well as the debtor's lawyer) must attend this meeting . It is not mandatory that creditors show up for the meeting and many times they do not attend. At the meeting of creditors the debtor should expect to be placed under oath and to answer questions asked by the trustee. Some of the relevant questions that may be asked are related to proof of identification, employment status, inquiries about handling of financial matters, property ownership, and any pre-bankruptcy petition transfers by the debtor of money or other property interests and verification that the debtor has read the U.S. Trustee's statement of information that was made available to the debtor.

Information for Debtor to Bring to the Meeting of Creditors / 341 Hearing

At a minimum the debtor should come to the Meeting of Creditors / 341 hearing with the following:

  1. A full copy of all filed bankruptcy papers.
  2. The debtor's social security card or if that is unavailable an original W-2 form of 1099 on which the debtor's social security number is printed.
  3. Identification documentation including a driver’s license with a photo of the debtor on it or any other official document with a photograph of the debtor.
  4. Up to date Statements from all bank accounts covering the date of filing covering the date of filing through the meeting of creditors.
  5. Up to date pay check stubs covering the date of filing through the meeting of creditors.
  6. Up to date information for all retirement/pension/401(k)/IRA type accounts showing the balance in the account on the date of filing and/or the most recent valuation date to the date of filing.
  7. Documentation setting forth the value of any stocks, bonds or other investments on the date of filing.
  8. If the debtor has a domestic support obligation (child support or spousal support), then the name and address of the person entitled to receive such support.
  9. All information that the debtor’s attorney has requested the debtor to bring to the meeting.
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