What to expect at a 341 Minnesota bankruptcy hearing
If, after consulting with an experienced Minneapolis bankruptcy law office, you elect to file for Chapter 7 bankruptcy, you will be expected to attend a Section 341 hearing.
If, after consulting with an experienced Minneapolis bankruptcy law office, you elect to file for Chapter 7 bankruptcy, you will be expected to attend a Section 341 hearing. This meeting is largely a formality but is legally required in order to resolve your Chapter 7 case.
Also called a creditor's meeting, this hearing consists of a standard set of questions between you, your lawyer, the bankruptcy trustee (who is an attorney hired by the U.S. Trustee's office to conduct due diligence in each case), your creditors and their representation. It's very unlikely that your creditors will attend the hearing – if they do, it may be to contest your ability to discharge your debt with them.
During the 341 hearing, you will “testify” to the trustee about the information in your petition: for example, “did you review the petition with your attorney prior to filing it with the court” and “is all the information true and correct?” It is a short meeting on the record for the trustee to verify that the information in your petition is correct. There are no “gotcha” questions and you are not asked what circumstances led to your bankruptcy or if you can afford to pay any of your creditors. If your creditors do attend the meeting, they will have the option to question you about the information in your petition, so you should work with your lawyer to prepare for this situation.
It's very important that you attend this meeting, or if you're unable to for any reason, notify the trustee in advance and have it changed to a time that you are available. If you fail to appear at the 341 hearing, your bankruptcy case could be dismissed.
There's very little reason to worry about the 341 meeting. In most cases, this hearing lasts a matter of minutes, and at its conclusion, your case will be signed off on and your debts will be discharged. In just a few months, the court will mail you the order for discharge, officially relieving you of your economic burden.