The 341 Meeting of Creditors is essentially a meeting between you (your spouse) and your trustee. Typically, no Creditors attend. The trustee is the representative of the court assigned to your case. The trustee will have gone over your case prior to this meeting and will have a list of questions for you to answer at that time. These questions are not meant to scare or intimidate you. They are simply questions they ask in order to verify that you have reviewed all of your schedules and filled them out completely and you understand what you are filing. Also, at this meeting, the trustee will verify your social security number and your photo identification. Please make sure you have this documentation with you and if you do not already have your social security card, please obtain one prior to the Meeting of the Creditors. A statement from the local Social Security Administration that is certified is acceptable. Meetings of the Creditors generally last about 5 to 10 minutes. However, be prepared to be at the court for at least an hour as sometimes you must wait for other Meetings of the Creditors before it is your turn. So long as you (and your spouse) have your social security card and photo identification and you have provided the trustee with the documents the trustee has requested at least 10 days prior to the meeting, the Meeting of the Creditor should run smoothly.
Here are some sample questions similar to what is asked at the 341 Meeting of Creditors:
1. Please state your name, address, and daytime telephone number for the record.
2. Did you assist your attorney’s office in preparing your bankruptcy petition, schedules, and statement of financial affairs and plan (if a chapter 13)?
3. Did you have an opportunity to review those materials and make yourself personally familiar with them?
4. Did you sign those materials and are the signatures your own?
5. Was the information contained in those materials true and accurate to the best of your knowledge?
6. Are there any errors or omissions that we should bring to the trustee’s attention?
7. Are all of your assets and debts listed on the bankruptcy materials?
8. Have you lived in Nevada for the better part of the two years prior to the filing of your bankruptcy petition?
9. Other than this case, have you ever filed for bankruptcy before? When?
10. To the best of your knowledge, are you a beneficiary under anybody’s will, trust, or other estate-planning device?
11. Have you ever disclaimed an inheritance or other interest under anybody’s will, trust, or other estate-planning device?
12. Do you own your home or do you rent?
For Chapter 13 bankruptcy cases, you may also be asked:
- Are you current on your mortgage?
- Are you current on any other debts that are being paid outside of the plan?
- Are you current on your state and federal income-tax return filings?
- Are you self-employed or do you work for others?
- Have you made your fist plan payment?
What do I need to bring to my Meeting of the Creditors?
At the Meeting of the Creditors, the trustee will verify your social security number and your photo identification. Please make sure you have this documentation with you and if you do not already have your social security card, please obtain one prior to the Meeting of the Creditors. A statement from the local Social Security Administration that is certified is acceptable. Driver’s licenses, government-issued identification cards and passports meet the photo identification requirement.
Where do I need to go for my Meeting of the Creditors?
In Las Vegas, the 341 Meeting of Creditors is held at the Bankruptcy Court, the Foley Courthouse located at 300 Las Vegas Blvd., South, Las Vegas, Nevada 89101, Room 1500. An attorney will meet you at the Meeting room at the time of your Meeting.
In Reno, the 341 Meeting of the Creditors is held at the Bankruptcy Court - Clifton Young Federal Building located at 300 Booth St., Room 2110, Reno, Nevada 89509. An attorney will meet you at the Meeting room at the time of your Meeting.