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Meeting of Creditors (341 Hearing)


Bankruptcy Attorney in Othello, Washington

Filing for bankruptcy can assist you in getting your finances in order. However, because a bankruptcy filing involves legal issues, navigating the bankruptcy process alone can be difficult. You need a Washington bankruptcy lawyer to handle your case to guide you through your claim.

We understand the complexities of the bankruptcy process, which is why hiring Patrick McBurney Law Office means you get more than just legal advice – you get an informed and well-versed advocate to guide you through the process. 

Patrick McBurney has represented consumer and business bankruptcy clients over the years and earned the legal community’s trust.

Why Do You need a 341 Hearing Attorney in Othello, WA?

meeting of creditors othello, waThe bankruptcy process may seem daunting and exhausting but worry no more because the 341 hearing attorney at McBurney Law Office is here to help you.

In reality, however, the vast majority of bankruptcy court hearings are brief and uneventful. This is why our attorneys take the time to work with you to prepare your bankruptcy petition properly. You have nothing to worry about if your petition is properly prepared, and you have been completely honest with us.

Every year, our bankruptcy attorneys successfully file several bankruptcy petitions. Furthermore, very few cases have any significant issues raised at their 341 Hearing. Our bankruptcy lawyer is reliable in handling cases in Othello, Washington.

The McBurney Law Office also has 26 years of experience and a track record in filing bankruptcy cases under Chapter 7, Chapter 11, and Chapter 13, which leaves clients debt-free and restored families.

What is a Meeting of Creditors (341 Hearing)?

All debtors are required to attend a creditors meeting (also called “341 hearings” or “creditors meetings”) and answer questions under oath under the Bankruptcy Code. The court will schedule a hearing for the 341 petition within 21 to 60 days of receiving it.

What Happens in the Meeting of Creditors?

It is a meeting that allows the bankruptcy trustee to confirm that all of the information you have filled out in your bankruptcy document is accurate and true. Typically, a 341 hearing involves the following:

  • If you file a petition with the court, you will receive notice of the creditors’ meeting within 21 – 60 days of filing. In the 341 hearing notice, the date, time, and location are specified.
  • If you arrive early, you will be able to observe how creditors’ meetings are conducted while you wait for your turn. Other debtors are likely to be present in the same meeting room.
  • You will be required to provide two forms of identification when a bankruptcy trustee calls you. This procedure ensures that bankruptcy fraud is prevented.
  • The trustee will administer an oath to you.
  • During the bankruptcy process, the trustee will verify your bankruptcy paperwork.
  • If your trustees and creditors attend, they will ask you some questions about your financial status.
  • The proposed repayment plan will be discussed (for Chapter 13 bankruptcy only)

The 341 creditor meeting will not take more than ten minutes and is usually placed in a meeting room rather than a courtroom. The bankruptcy trustee is not a judge, but they facilitate the process.

If you face these legal issues, you may feel overwhelmed and scared. But don’t worry! We have a dedicated and experienced legal team on your side who will always make sure that your best interests are protected.

What Do You Need to Do Before a Meeting with Creditors(341 Hearing)?

Before attending the hearing, consult with a 341 hearing attorney in Othello Washington for legal advice and to confirm the accuracy of your bankruptcy documents. Were there any financial changes after you filed? Is there any information that needs to be corrected or updated? 

It is important to remember that any changes or inaccurate information about your financial situation could impact the outcome of your case. Here are the other documents you need to prepare: 

  1. Proof of identification – ID Picture and Proof of your Social Security number. These are some acceptable forms of identification:
  • State picture ID
  • Driver’s license
  • Government  ID
  • Student ID
  • Military ID
  • US Passport
  • Consulate card
  • Resident alien card

Some acceptable proof of social security number is:

  • Social security ID card
  • Form 1099 from Internal Revenue Service 
  • Medical insurance card
  • W-2 form
  • Social Security Administration report
  • Pay stub
  1. Bankruptcy case number

Do I have to Appear in a 341 Hearing?

Without a doubt, yes! Failure to appear or provide necessary information may result in a case dismissal, a court order for cooperation, or, worst-case scenario, you will be held in contempt of court for willful failure to cooperate. You don’t want that to happen, do you? 

However, some events are beyond your control. What if you are unable to attend the hearing due to unforeseen circumstances? What if additional relevant documents are required but are not available at the time? Will you simply pass up the opportunity to be debt-free?

These are the exact reasons why you need a competent lawyer in Othello Washington who understands the entire process, including all of your rights and options.

Where Does the 341 Hearing Take Place?

The 341 hearing takes place in the residence of the debtor or where the debtor’s property or principal place of business is located, depending on where the bankruptcy petition is filed. The court notifies the debtor and all creditors of the hearing’s location, date, and time.

Due to the President’s “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak,” issued on March 13, 2020, all Section 341 hearings are being held via phone or video appearance. However, if the US Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the hearing or the protection of estate property, the US Trustee may approve a request by a trustee in a specific case to continue the section 341 hearing to an in-person meeting in a manner that complies with local public health guidance. The Director of the United States Trustee Program has the authority to revise this policy.

Each 341 notice includes the most recent telephonic conference lines for each trustee. These phone numbers can be found in the “Location” section of the 341 Hearing Notice. Check your 341 notice to ensure you’re dialing the correct conference call number.

What are the Frequently Asked Questions at the 341 Hearing?

You will undoubtedly be able to achieve a favorable outcome if you know what questions will be asked. Although your lawyer will attend the meeting, they cannot respond on your behalf. It can be nerve-wracking to answer the trustee and creditors, but our 341 hearing attorney will guide you through the process. 

The following is a list of some of the most frequently asked questions, as well as sample questions used by the US Department of Justice:

  • Is this your first bankruptcy filing?
  • Have you thoroughly reviewed your bankruptcy document?
  • Is all of the information on your paperwork correct?
  • Did you make a list of all of your assets and properties?
  • What about all of your responsibilities?
  • Do you have a claim against someone or something?
  • Are you the plaintiff in any legal action? What is the status of each case, and who is your attorney?
  • Have you experienced any change in your financial situation since filing your bankruptcy petition?
  • Do you have to pay child support or alimony?
  • Have you completed all of your tax returns?
  • Before declaring bankruptcy, did you make any property transfers?
  • Do you own any properties you have given away within the past year? If so, what type of assets have you given away?
  • Have you made any new credit card charges in the last 12 months?
  • How did you determine the total worth of your assets?
  • Are you in a relationship?
  • Do you own a company?
  • Do you own a car? Are they covered by insurance?
  • Do you have any real estate interests?
  • Do you own any assets? If so, who owns the land, and what is its value?
  • What type of trust are you involved in? Are you a trustee, a trustor, or a beneficiary?

Our experienced lawyer at McBurney Law Office will prepare you for everything that normally happens at a 341 Hearing. Our Washington State bankruptcy lawyers are experienced and skilled in working with the Bankruptcy Code. And our attorneys understand that part of what you are paying us for is ensuring that there aren’t any surprises when we appear in court.

What Happens Following the 341 Hearing?

The trustee will adjourn the 341 hearing if there are no more questions. If the trustee determines that all information and documents are adequate and no further hearing or documentation is warranted, you can await the discharge decision.

As a result of the trustee’s request for additional documents and desire to give creditors more time to review your financial situation, another hearing may be set. You can discharge your debt by submitting all the required additional paperwork on time if another hearing is no longer necessary.

Consult our Reliable 341 Hearing Attorney in Othello, WA!

Successfully navigating a 341 hearing or meeting with creditors in Othello, Washington, requires a deep knowledge of this bankruptcy process and the experience of going through it. A misfiled form, missed deadline, or inexperienced representation could result in your case being thrown out. That’s why finding a reliable lawyer is important.

Patrick McBurney, as your 341 hearing attorney, will be your advocate and guide through what can be a difficult process. Schedule a consultation now!