341 Meeting Structure and Questions

OVERVIEW

§341 of the Bankruptcy Code states that "trustee shall call a meeting of creditors to be held. The business of the meeting shall include the examination of the debtor under oath." The meeting is held by a member of the trustee's staff. The debtor, joint debtor and the debtor attorney are required to attend the meeting. Creditors may attend if they wish.

The purpose of meeting is to review the petition and schedules with the debtor to ensure they are accurate, resolve any issues that may impact confirmation of the plan and to give creditors an opportunity to question the debtor.

MEETING

Prepare computer and escort attendees to room.

• Select case in the 341 worksheet function.
• Announce case in the reception area and attorney area.
• Escort people to room and have everyone sit down.

Turn on recorder and state case information.

• Turn on the recorder
• Complete recording label information.
• Good morning. My name is hearing officer, I will be the hearing officer for this meeting of creditors required by section 341 of the bankruptcy code. I am a representative for the trustee in this case.
• This meeting will be tape recorded as required by bankruptcy rules. I would like everyone to please speak clearly when asking or answering questions.
• This is the case of debtor names.
• Case number case number.
• Today is date.

Ask attendees to state their appearances.

• address debtor attorney Counsel, please state your appearance.
• Debtor attorney announces name and client's name.
• address debtors Please state your name for the record.
• Debtor announces name.
• address creditor representatives Please state your appearance.
• Creditor representatives announce name and the creditor they represent.

Explain meeting process to debtor.

• We are here today to make sure the documents you and your attorney have submitted to the bankruptcy court are correct. Also, we will try to make sure your plan to repay your creditors will work. In order to do that, I will ask you some questions.
• If any creditors are present Creditors will have an opportunity to ask you questions about your case.

Swear in debtor.

• Before we start with questions, I will ask you to take an oath to tell the truth.
• Please raise your right hand.
• Do you swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth?
• Debtor must answer yes aloud.
• Thank you. If at any time you want to ask me a question, please feel free to do so.

Verify name, social security number, address, prior filings.

• Debtor's first name, joint debtor's first name are you married to each other?
• Use information from petition and question the debtor:
• Mr./Ms. debtor's last name have you used any other names during the last 6 years?
• Is your social security number debtor social security #?
• Do you live at debtor's address?
• Have you ever filed bankruptcy before? (Skip this question if a joint case.)
• Is your mailing address debtor's mailing address?

If there is a joint debtor, use information from petition to ask the following questions:

• Have you used any other names in the last 6 years?
• Is your social security number joint debtor social security #?
• Do you live at debtor's address?
• Have either of you ever filed bankruptcy before?

If this is a repeat filer ask the following questions:

• How long have you been on your job?
• Is this the same employer/job you had in the last case?
• If it is the same job, ask why this case will work when the last one didn't.

Pro Se Debtor. Ask the following questions:

• Did you receive help with the filing of your petition, schedules and plan?
• If yes, what is the occupation of this person?
• Did you pay them for their services and how much?
• Obtain the name, occupation, phone number and address of the person.

Business cases. Ask the following questions regarding the reporting package mailed to the debtor and debtor attorney:

• Our office mailed you documents regarding the operation of your business. Did you receive them?
• If yes, ask for the completed forms.
• If no, give them a copy and explain we must have the completed forms one week prior to the confirmation date.
• Do you have any questions about the forms?

Verify schedules - property, debts, income and expenses.

• Show debtor/joint debtor copy of petition and schedules.
• This is a copy of your petition. Did you see these documents before you signed them?
• Have you listed all of your property in these documents?
• Review schedules A and B.
• Have you listed everyone you owe money to in these documents?
• Review schedules D, E and F.
• Did you bring a pay stub with you today?
• Ask for all of the stubs available.
• Verify the accuracy of the scheduled income.
• Have there been any significant changes to your budget?

Allow creditors to ask relevant questions.

• address creditor representatives Do you have any questions?
• Limit the creditor to questions about collateral and insurance issues.
• Ask about the creditor's claim amount if not on file.

Verify accuracy of claim amounts and equity.
Update information on 341 worksheet.

• address debtor attorney Are there any unpaid attorney fees?
• Enter data on system.
• Verify the following dollar amounts and numbers and inform the parties of the terms of the plan..
• monthly plan payment
• months in plan
• estimated percent.
• Recalculate computer worksheet.

Arrange payroll deduction and provide Chapter 13 plan information.

• We recommend that all plan payments to the trustee be made through payroll deduction. We have found that cases have a better chance of success when on payroll and you don't have to purchase a cashiers check or money order.
• Do you want payroll deductions?
• If debtor agrees to payroll deduction:
• Print order.
• Explain order.
• Have debtor sign order.
• If debtor refuses payroll deduction:
• You should understand that if you miss a payment, the judge can order payroll deduction or dismiss your case without your permission.
• Explain how to make payments to our office.
• If the debtor agreed to payroll, explain that they should make a payment every time they are paid until they see the deductions coming out of their check.
• Explain information on it.
• Give the debtor payment envelopes.

Meeting conclusion

• Mr./Ms. debtor's last name, do you have any questions at this time?
• No further action required by debtor attorney:
• The confirmation hearing will be on date.
• Address debtor attorney Our office requires no additional information or documents at this time. You may contact the trustee's attorney staff attorney name if you have any questions regarding the confirmation hearing.
• Good luck to you. This meeting is adjourned.
• If debtor attorney must do something:
• The confirmation hearing will be on date.
• address debtor attorney Our office requires the following things from you:
• State documents that must be provided or amended.
• State any other requirements.
• This must be done at least one week prior to the confirmation hearing.
• You may contact the trustee's attorney staff attorney name if you have any questions regarding the confirmation hearing.
• Good luck to you. This meeting is adjourned.
• Turn off the recorder.
• Excuse everyone from the room.

Meeting follow up.

• Enter the meeting result and any necessary notes.
• Print a copy of the worksheet.
• Make copies of the confirmation order, payroll order and any other necessary documents.
• File documents and return the case file to the front desk.