341 Meeting Structure and Questions
Step 1: Initiate the Meeting
This is the case of [debtor’s name], case number [case number]. Today is [date]. This is the meeting of creditors required by section 341 of the bankruptcy code. This meeting will be tape recorded. Speak clearly when asking or answering questions. Attendees state your appearance for the record.
Debtor’s Attorney announces name
Debtor states his/her/their name(s)
Creditors’ Attorney (if any) states name
We are here today to make sure the documents you submitted to the bankruptcy court are correct. Also, we will try to make sure your plan to repay your creditors will work. If any creditors are present they will have an opportunity to ask you questions about your case.
Raise your right hand. Do you swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth? Yes [must answer clearly and distinctly]
Step 2: Name, SSN, address, prior filings
Debtor's first name, joint debtor's first name is you married to each other? Use information from petition to answer the question.
Debtor's last name have you used any other names during the last 6 years?
Is your social security number debtor social security #?
Do you live at debtor's address?
Have you ever filed bankruptcy before?
Is your mailing address debtor's mailing address?
If this is a repeat filer ask the following questions: How long have you been on your job? Is this the same employer/job you had before? If so, why will the case work this time?
Trustee asks for completed forms. Do you have any questions about the forms?
Step 3: Verify Schedules
Did you review the petition before you signed it? Have you listed all of your property? Have you listed everyone you owe money to? Did you bring a pay stub with you? Verify the accuracy of the scheduled income. Any significant changes to your budget?
Step 4: Allow creditors to ask relevant questions
Creditor representatives do you have any questions about collateral value, insurance issues, or your client’s claim?
Step 5: Arrange payroll deduction and provide Chapter 13 plan information (if relevant)
We recommend that all plan payments to the trustee be made through payroll deduction. We have found that cases have a better chance of success when on payroll and you don't have to purchase a cashier’s check or money order. Do you want payroll deductions? If debtor agrees to payroll deduction: Print order. Explain order. Have debtor sign order. If debtor refuses payroll deduction: You should understand that if you miss a payment, the judge can order payroll deduction or dismiss your case without your permission. Explain how to make payments to our office. If the debtor agreed to payroll, explain that they should make a payment every time they are paid until they see the deductions coming out of their check. Explain information on it. Give the debtor payment envelopes.
Step 6: Meeting conclusion
Mr./Ms. debtor's last name, do you have any questions at this time? No further action required by debtor attorney: The confirmation hearing will be on date.
Address debtor attorney Our office requires no additional information or documents at this time. You may contact the trustee's attorney staff attorney name if you have any questions regarding the confirmation hearing.
Good luck to you. This meeting is adjourned.