Your 341 Meeting is the official forum for you to appear and answer questions under oath —
Expect your Kansas City Bankruptcy Attorneys to continue to guide you through the Bankruptcy process …
You will be fully prepared to “meet” with the Kansas City Bankruptcy Trustee assigned to your Bankruptcy case.
We once appeared at all 341 Meetings in person at the Federal Courthouse.
Since March, 2020, all 341 Meetings have been held by phone.
Now, as of June, 2024, we transition to Zoom for 341 Meetings.
Your 341 Meeting:
After your bankruptcy case has been electronically filed, a 341 Meeting (Meeting of Creditors) will be scheduled. This Meeting will be held approximately four weeks after filing your bankruptcy.
Your case will be called from a docket, meaning other cases will also be called during the scheduled time. Generally, the 341 Meeting is a fairly quick process, following a set procedure.
What’s Needed:
In Kansas City, we will have provided your picture ID and social security information so that the Trustee may verify your identity.
To participate in your Zoom 341 Meeting, you will need an electronic device (smartphone, tablet, laptop, or desktop computer) with a camera, speakers, microphone, and Internet access.
- If you are using a smartphone the operating system (IOS or Android) will REQUIRE the Zoom application, be downloaded to your device.
- If you are using a tablet, laptop, or desktop computer, you can either download the Zoom application or use the Zoom website.
Joining Your Zoom 341 Meeting:
To join the 341 Meeting by video:
- You must go to Zoom.us/join and enter the Meeting ID and Passcode when prompted. You were provided these in your “Case Filed” email.
- When prompted to enter a name, you must enter your first and last name so each participant may be identified properly during the 341 Meeting.
- You should join the 341 Meeting 10 minutes before the scheduled start time.
Setting For The Virtual 341 Meeting:
You will be providing testimony and should connect to the 341 Meeting:
- From a quiet location, free from background noise, distractions, or disruptions
- You should mute your microphone on Zoom until your case is called.
- You should ensure you can view the video screen and be viewed by the Trustee.
- Both you and your Bankruptcy Lawyer must be clearly viewed on the video screen.
Calling Of The Case:
Multiple 341 Meetings may be scheduled for the same time, and the Trustee may conduct periodic “roll calls” to confirm the participants (debtors, creditors, attorneys, etc.) who are present.
When you first connect to the Zoom Meeting you may be placed in a virtual “waiting room” until your case is called.
When the case is called, the Trustee will commence the 341 Meeting:
- You should unmute your microphone on Zoom.
- You should speak clearly.
- You should ensure your camera is on and working so the Trustee can see you.
- If you are placed in a virtual waiting room, the Trustee will connect you to the 341 Meeting at the appropriate time.
Conduct During The Virtual 341 Meeting:
The 341 Meeting is the official forum where the debtor appears to answer under oath questions from the Trustee, creditors, and other parties in interest regarding their bankruptcy case and estate, as required by the bankruptcy code.
You should present yourself in a professional manner and respect the formality and solemnity of the bankruptcy proceedings in the same manner as if you were appearing at an in-person 341 Meeting.
When your case is called, you will unmute and let the Trustee know that you are present. He will next ask you to take an oath to tell the truth. You will need to raise your right hand. He will ask you to swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth. You must say ‘yes’ aloud.
Questions Asked During Your Meeting Of Creditors:
For both Chapter 7 Bankruptcy and Chapter 13 Bankruptcy cases filed in Kansas City the Bankruptcy Trustee will then proceed with a series of typical questions:
- State your name for the record. Is your current address the same as when you filed your case?
- Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?
- Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true, and correct? Are there any errors or omissions to bring to my attention at this time?
- Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
- Have you previously filed bankruptcy?(provide Trustee with case number and the discharge information to determine discharge eligibility in this case)
- What is the address of your current employer?
- Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
- Do you have a domestic support obligation (child support / alimony)? To whom? Please provide the claimant’s address and telephone number, but do not state it on the record. Are you current on your post-petition domestic support obligations?
- Did you read the Bankruptcy Information Sheet provided by the United States Trustee?
After these standard questions have been asked, the Bankruptcy Trustee may then ask any additional questions he may have either regarding the testimony that you gave and/or information that was provided in your bankruptcy file. He may also ask for further documentation.
During your free bankruptcy consultation, your Kansas City Bankruptcy Attorney can let you know what type of follow up questions to expect in your case. Because we strive to resolve all key issues prior to filing, generally no further action is required and your Meeting will then be concluded.
While You Are Sworn In And Testifying:
(1) the debtor should be alone unless the debtor is appearing from the same location with their attorney, employees of their attorney, or a co-debtor;
(2) the debtor should have readily available a copy of the filed schedules and statement of financial affairs, and any other documents previously requested by and provided to the Trustee; (3) the debtor should have their original Identification Documents (Driver’s License and Social Security Card) and
(4) the debtor should not communicate with any person regarding the subject of their testimony, by electronic means or otherwise.
(5) You should avoid disclosing personally identifiable information (PII) during the 341 Meeting.
(6) You are NOT allowed to make an audio or video recording of the 341 Meeting.
After the Trustee determines that the business of the 341 Meeting has been completed, the Trustee will formally conclude the Meeting, and you may leave the Meeting by disconnecting from the Zoom platform.
Failure to follow the Trustee’s virtual 341 Meeting protocols may result in the Trustee’s adjournment and continuance of the 341 Meeting.
A Couple Of Key Things To Keep In Mind Regarding Your 341 Zoom Meeting:
- You are encouraged to, at least one day before your scheduled Meeting, test Zoom and download the Zoom application, if applicable. To test Zoom, click the link or type into your web browser: https://zoom.us/test.
- Join your Zoom Meeting by entering the Meeting ID and Passcode when prompted.
- Make sure you have a camera for video and microphone for audio.
- Log on to Zoom from a quiet area where background noise is minimal.
- Wait until the Trustee calls your case before speaking, as more than one case will be held during the docket.
- Keep your audio muted until the Trustee calls your case.
- Speak loudly so your voice can be heard on the recording.
- Once the Meeting for your case is finished, please disconnect.
- If we need to speak with you after your hearing, I will email and/or give you a call.
- You are not alone. As always, Your Kansas City Bankruptcy Attorneys, Malissa and Cassie are here for you!
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