The Meeting of Creditors Required by 11 U.S.C. Section 341

 PLEASE NOTE THAT UNTIL FURTHER NOTICE ALL MEETINGS OF CREDITORS ARE BEING CONDUCTED REMOTELY, VIA ZOOM VIDEO

11 USC Section 341 requires any person or entity filing bankruptcy to attend a Section 341 Meeting, or Meeting of Creditors. This is an open meeting, meaning simply that your creditors may appear and question you. Rarely do creditors actually appear, however, and your question will most likely be by the trustee only. The trustee will question you regarding matters into which he or she must inquire, including all matters disclosed by your bankruptcy filings. Here are some suggestions to help you with what to expect:

  • The meeting will take place at the Federal Building at 100 W. Troy Street, Dothan, AL. As with any government building, there is security. So please arrive 30 minutes early in order to give you time to clear security. Don’t expect to walk right in at two minutes before the appointed time. Leave your cell phone in your vehicle. You will not be permitted to bring a cell phone into the court house.

  • PLEASE dress appropriately. You are attending a hearing in a United States Court House.

  • Do not bring children. The reason should be obvious.

  • Have your government issued photographic ID ready and proof of your Social Security number.

  • Remember you will be testifying under oath.

  • There will usually be 15 case set each hour. While the examination time may certainly vary, the typical examination will only last 5-10 minutes. The reason we are able to move so quickly is that your lawyers know what information to provide me, and I will review it before the hearing. So I will already know much of what I need to know before we even begin.

  • I will ask you to speak up, answers the questions out loud and audibly, and to avoid head nods and “uh-huhs” or “un-us.” This is because we use a voice recorder to make a record of your testimony.

You’re attorney will probably go over my “usual” questions. But if not, here are my “usual” questions:

  • Did you take the oath?

  • Ever file bankruptcy before?

  • I will review real estate, vehicles and then ask if your schedule otherwise reflect everything you own.

  • Have you sold, transferred or given away any property in the two years before filing?

  • Have you paid any money to family members in the one year before filing?

  • Are you owed money?

  • Are you suing anyone or have any reason to? If you later learn of something that existed on the date of filing you must let me know.

  • Has anyone passed away from whom you might inherit or received life insurance? You must also let me know if this were to occur within six months after filing.

  • Do you owe child support or alimony?

  • All your tax returns filed (and possible questions about tax refunds)?

  • Have you cashed in any IRA’s or retirement accounts in the last year?

  • Have you lived in Alabama for the past two and one-half years?

  • Are there any creditors present with questions?

  • Thank you and good luck (you are then excused).

I WILL TREAT YOU WITH DIGNITY AND RESPECT AS LONG AS YOU EXTEND ME THE SAME COURTESY!