10 Frequently Asked Questions - Meeting of Creditors

1. What is the Meeting of Creditors?

The Meeting of Creditors is a hearing that every person who files for bankruptcy must attend. It is conducted by the trustee. Meeting of Creditors is also called “341 Hearing” referencing the section of the Bankruptcy Code that requires the hearing.

2. Will I see the judge?

No. The meeting is conducted by the Trustee. Judges are actually not allowed to attend the meetings. The Trustee is assigned to your case when your case is filed.

3. What happens at the hearing?

Schedules of the hearings are posted on the Bankruptcy Court’s Website. When you get to the 341 Hearing, there will be other debtors who has also filed for bankruptcy. Cases will be called up one at a time. If you have an attorney, your attorney will also be there.

4. Do creditors show up?

Despite the name, creditors rarely show up. If they do show up, creditors will be allowed a few minutes to ask you questions.

5. What should I wear?

Wear modest, clean clothing – don’t wear a lot of jewelry or other accessories. The meeting is not held in a court room, so there is no need for formal attire.

6. What should I bring?

• Government issued identification (valid and current driver’s license, military ID or passport)
• Social security card (W-2 or some other document issued by your employer or government issued)

7. How long does the meeting take?

Trustees usually hold meetings every half hour or on the hour. Everyone scheduled at a certain time will be called in together. Your meeting itself will last less then 10 minutes. It’s usually very brief.

8. What questions are asked?

1. State your name and current address for the record.
2. Did you sign the petition, schedules, statements, and related documents you filed with the court?
3. Did you read the petition, schedules, statements, and related documents before you signing them?
4. Are all of your assets identified on the schedules?
5. Have you listed all of your creditors on the schedules?
6. Does anyone owe you money? If so, is the money collectible?
7. Have you made any large payments, over $600, to anyone in the past year?
8. If you are married or recently divorced? Have you listed all assets and liabilities concerning your non-filing spouse as well?
9. Has anything changed since you filed your case? (new job, winning lottery ticket etc.)
10. Whether you anticipate inheriting any money in the next six months.
11. Any past or present interests in real property.
12. Any past or present interests in a business.
13. Whether you owe any outstanding child support or alimony.
14. Have you given away anything of value in excess of $500 to anyone in the past year?
15. Have you read an understood the Bankruptcy Information Sheet?

9. Are there any additional documents required?

You must provide your most recent tax return before the hearing. Many Trustees also have additional questionnaires and document requests.

10. Where are the meetings held?

San Francisco - 235 Pine Street, Room 850, San Francisco, CA 94104
Oakland - 1301 Clay Street, Room 680N, Oakland, CA 94612
San Jose - 280 South First Street, Room 130, San Jose, CA 95113

For more information about bankruptcy process, download our free guide.