BANKRUPTCY

At the core of our nation’s bankruptcy laws is the notion that honest, financially strapped citizens should be given the opportunity for a “fresh start” in life. Bankruptcy holds out a promise to the debtor of “a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.” The links below more thoroughly explain bankruptcy and how it may help you out of your tough spot.

BANKRUPTCY FAQ

BANKRUPTCY INFORMATION & TOOLS

Information on Creditor’s (341) Meetings

 

What is a Creditor’s Meeting?

 

The Bankruptcy Code, 11 U.S.C.A. §341 states in pertinent part:
(a) Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors…
(c) The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors.”

 

A creditor’s meeting (also known as a “341 meeting”) is a meeting, presided over by the bankruptcy trustee, which allows a debtor’s creditors a chance to discover information about the financial situation of the debtor, including any assets or liabilities which are relevant to the bankruptcy. The debtor is under oath and is bound to tell the truth. The creditor’s meeting is also a chance for the bankruptcy trustee to inform the debtor of certain rules, rights and remedies resulting from the debtor’s filing for bankruptcy relief. The meeting is tape recorded or recorded by a court reporter. Usually creditors do not appear, although they have the right to. Further, some bankruptcy trustee’s allow a debtor’s attorney to question the debtor and the trustee only asks questions to fill in any gaps left by the debtors’s attorney, if any. Your attorney will be with you at all times during the creditor’s meeting. Usually creditor’s meeting last 15 minutes or less and most debtors are surprised at how easy and stress free they really are.

 

What do I need to bring to a Creditor’s Meeting?

 

Most importantly, bring yourself. You are bound by bankruptcy law to appear at the creditor’s meeting, and should you fail to do so your bankruptcy case can be discharged. Secondly, you MUST bring the following items with you to the creditor’s meeting:

 

1. Driver’s license


2. Social Security Number identification card.

 

Your failure to bring these items may result in the creditor’s meeting having to be rescheduled and you having to go back to the courthouse to do it all over again. It also a good idea to bring with you the notice you received of the creditor’s meeting in case you forget which room it is in.

 

How do I get to the Creditor’s Meeting?

 

I have provided directions to each courthouse where you might have a creditor’s meeting below (click on the link to take you to the directions):

 

Directions to Federal Courthouses:

 

1. Dallas, Texas


2. Fort Worth, Texas


3. Wichita Falls, Texas

 

Your attorney will meet you there at the designated time. You are responsible for being there and having adequate transportation on the day of the meeting both to and from the meeting location. If you have any other questions or concerns about your creditor’s meeting, please feel free to contact the staff at Earp & Associates, P.C. We in no way want a client to feel any anxiety about a creditor’s meeting. While it is an important step in your bankruptcy, it is not one to be stressed about.

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