Resources for Chapter 13 Petitioners

 

 

Notice

This information is not meant to convey legal advice to an individual seeking Chapter 13 bankruptcy reorganization, but is meant strictly as an educational tool.

 

 

 

 

341 Hearings

341 MEETING OF CREDITORS

The 341 meeting of creditors refers to a meeting conducted by the Chapter 13 Trustee pursuant to 11 USC Section 341. At the 341 meeting of creditors, Chapter 13 petitioners will be required to swear or affirm that the information that they are about to give is truthful. The Trustee will ask the petitioners about their Chapter 13 petition, including but not limited to, living expenses, creditors, income, and other relevant issues the Trustee may wish to question. At the 341 meeting of creditors, creditors will also have the opportunity to ask the petitioner questions concerning their bankruptcy plan.

A notice will be sent by the Chapter 13 Trustee giving notice of the time and the location of the 341 meeting. It is mandatory that all Chapter 13 petitioners attend a 341 meeting. Chapter 13 petitioners must bring the following items:

1. Photo Identification - must be government issue (driver's license, State of Ohio identification cards, etc.)
Note - Private work badges will not be accepted, photo identification must be issued by relevant federal or state agency.

2. Petitioner must also bring documentation verifying their social security number. Brining a Social Security card (or a temporary card) will satisfy this requirement. A temporary Social Security card may be obtained at the Akron Social Security Office (located at 2 South Main Street, 2nd floor, Akron, OH 44308) by providing a photo identification document.

3. Petitioners must bring copies of their pay stubs, last two years of tax returns, proof of homeowners insurance and automobile insurance.

4. If the petitioner is self employed, the petitioner should see the self employed section of this web page for additional items necessary to bring to a 341 meeting.

At the 341 meeting of creditors, petitioners will also have the opportunity to ask the Trustee questions concerning their Chapter 13 plan. The Trustee is not permitted to give private legal advice, but the Trustee is allowed to educate petitioners on administrative matters concerning Chapter 13.

If you cannot attend the 341 meeting of creditors, you should let your attorney know as far in advance as possible. Given the volume of bankruptcy cases, it is standard Trustee policy not to grant an adjournment of a 341 meeting unless there is a medical emergency (proof required). If a petitioner does not attend a 341 meeting of creditors, the Trustee will ask the United States Bankruptcy Court to dismiss the bankruptcy case.

Prior to the 341 meeting, petitioners are encouraged to view the order confirming plan. This will be the order submitted to the United States Bankruptcy Court, if the Court approves the Chapter 13 plan. Petitioners are required to review the order confirming plan and to abide by the directives in said order.

Note - Spouses and third parties with power of attorney may not represent the debtor at a 341 meeting. Two exceptions are:

1. The debtor cannot attend the 341 meeting due to a medical condition (proof required).

2. The debtor has been called to active military duty (proof required).

  
One Cascade Plaza, Suite 2020 Akron, OH 44308 • Phone (330)762-6335 • FAX (330)762-7072