So you realized that there is no way to recover from your financial hardships alone, and you have filed for bankruptcy.
This is a daunting time that may seem incredibly stressful, but you must congratulate yourself on one very important thing. You have taken the first step towards getting out of debt.
After filing for bankruptcy, the process of developing a plan to manage your debt begins.
Before proceeding in your bankruptcy case, you must attend the 341 meeting. The section 341 meeting, required by Section 341 of the Bankruptcy Code, enables a debtor to make their financial situation known to their creditors and other relevant parties.
There is nothing to fear when going into your 341 meeting. Rather, the meeting is simply a formality of filing bankruptcy.
Read on to learn what to expect when attending your 341 meeting.
Essentially, the 341 meeting allows the bankruptcy trustee and creditors to ask the debtor relevant questions pertaining to their debt.
After filing bankruptcy, the bankruptcy clerk will schedule the time and place of the 341 meeting.
All parties will then be notified of the meeting, which usually takes place in the county where the debtor lives.
Above all, you must remember that the 341 meeting is conducted civilly and courteously. Creditors can not make demands during the meeting, nor can they pressure the debtor.
In most cases, the 341 meeting is the only event a debtor is required to attend during the process of bankruptcy.
In addition to the debtor, the other parties required to participate in the meeting are the bankruptcy trustee, your lawyer, and the creditors. However, it is very likely that a debtor’s creditors will not attend the meeting at all.
While this may seem contradictory to the purpose of the meeting, the only thing that truly matters is that the trustee’s questions are answered.
If your creditors do attend the meeting, their reason for doing so will likely be to discover their options for collateral.
There are several things that you should expect when entering your 341 meeting.
First, there will likely be other debtors present. Most 341 meetings consist of multiple meetings at once, with cases being addressed one at a time in private.
Next, you should expect to verify your identity by providing an ID and social security number. It is not uncommon for mistaken identities and wrongful accusations of debt to occur. Therefore, proper identification is essential.
After verifying your identity, your bankruptcy trustee will ask several questions under oath that pertain to your debt and assets.
341 meeting questions typically consist of four or five simple questions that you will know beforehand. It is crucial to answer the questions truthfully to get the best outcome in regard to achieving debt relief. Failure to do so could lead to additional legal consequences.
Finally, once the meeting concludes, usually after less than ten minutes, debtors tend to experience significant relief.
Usually, a discharge of debt immediately follows the meeting. The hardest part is now over, and you’re on your way to overcoming your debt.
Do not attend your 341 meeting alone. Instead, seek legal counsel from an experienced bankruptcy attorney. For many debtors, an upcoming 341 meeting may seem like the most stressful moment of your life.
However, in reality, the meeting is merely a formality that serves only to help you develop a plan for getting out of debt.
With the help of a bankruptcy lawyer, the entire process becomes much more manageable. So, do not hesitate to contact a lawyer and begin discussing your options today!
If you’re thinking about filing for bankruptcy in Florida, it’s important to meet with an attorney so you can better understand your specific situation and the types of relief that might be available to you.
Call us today for a free consultation and we’ll get you on your path toward financial freedom.
Dealing with bankruptcy doesn’t have to be a single-person job. The bankruptcy lawyers at Parker & DuFresne will help you determine the best course of action to help you get out from under your debt and move forward to a debt-free future.
Call today at 904-733-7766 for a free consultation, or click the button at the top of the page to schedule online.
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