At the 341 Meeting of Creditors you appear before a trustee who will examine you. At the hearing your are sworn under oath and the trustee will ask you a serious of questions about the documents and schedules that are filed with court. The trustee is a person who is assigned to your case by the court and who is in charge of administrating the case. Most of the questions that are asked by the trustee are pretty routine. Some of the more common questions that are asked are:
The questioning is pretty quick for most people. This is a good resource that describes a bit more about the Meeting of Creditors: http://hubpages.com/hub/Meeting-with-Creditors
The U.S. Trustee has ten days to object to your discharge on a Chapter 7. Creditors have sixty days to object. Then you should be discharged.
If you have no one to take the baby while you are at the meeting then yes you can.
If you will not appear at your 341 Meeting of Creditors then you should try to contact the trustee to inform them that you cannot appear. Most trustees will reschedule the 341 meeting of creditors if you cannot attend for a serious reason. If you have your attorney, then the attorney can appear on your behave at the hearing date and also request that the matter be continued.
341 MEETING OF CREDITORS
In every state you become eligible for discharge 60 days after the first-scheduled meeting of creditors. It is usually mailed out around the 60th or 61st day after the meeting.
Yes, you can postpone a meeting of the creditors. Usually, you need to have a good reason, such as sickness or your car broke down. A judge will only give you so many chances to attend.
You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.
Codebtors must be listed in the bankruptcy, and put in the list of creditors if you want the codebtor to receive notices. No one is "invited" to the creditors' meeting, but notices are mailed to all the creditors, which/who may attend if they wish.
Chapter 13 bankruptcy is different than chapter 7 in that you will essentially be reorganizing your debt and coming up with a payment plan. The creditors meeting involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
If the trustee meeting has occurred, contact your attorney and have him fine a new creditor with the trustee. If the trustee meeting has not occurred, you may add new creditors at this meeting.
That meeting, the 341 meeting...is normally sometime after you have filed BK. They don't decide if you can declare BK, obviously because they would always say NO.
341 is the section of the bankruptcy code that provides for a meeting of creditors. Though creditors is the name of the meeting, it is rare creditors show for the meeting. Really what this meeting is a meeting with the bankruptcy trustee assigned to your case. The trustee reviews your papers and would liquidate any property that is not exempt. Typically, most people don't have any non-exempt assets and the case is a no asset case. The trustee at the 341 meeting asks questions to see if the debtor has any assets he would be interested in, that the debtor is telling the truth and the papers are done correctly. The trustee, if satisfied, will file a report with the judge who then signs off on the debtor's bankruptcy discharge.
If you have unpaid wages, then you need to attend the meeting of creditors as stipulated by the trustee.