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Chapter 7 Meeting of Creditors: 341(a) Hearing

Once the Bankruptcy is filed, the Bankruptcy Court automatically sets a date for the “meeting of creditors.” In over 99 percent of the Chapter 7 cases we file, there are no “Court Hearings” or other hearings with a judge involved. Instead, there is solely this one “meeting of creditors” that is presided over by a “bankruptcy trustee” who is not a judge, but typically a financial officer or attorney appointed by the United States Trustee to oversee bankruptcy cases. Trustees are private parties and not public officials. Their sole purpose is to make sure you are complying with your duties under the Bankruptcy Code and to liquidate any unexempt assets. Yet in virtually every Chapter 7 case we file, nothing is ever liquidated.

The hearing usually takes place about thirty (30) days after the Bankruptcy Petition is electronically filed with the Bankruptcy Court. They typically schedule about ten (10) hearings per hour so most the time is spent waiting to be called. Once the case is called, the Debtor is sworn in under oath to answer some quick questions regarding the content of the bankruptcy papers, assets, debts, and other matters. Creditors will also be permitted to ask questions, although in almost every case they never attend the meeting. Most hearings generally run three (3) to five (5) minutes. The hearings are usually very uneventful and simply a formality required by the Code. Sort of like a mandatory requirement to go to the DMV. We are seated right next to the Debtor(s) at these hearings and are prepared to clarify any questions or concerns our clients may have during the short questioning.

After the hearing is concluded, the Trustee usually closes his file and the case then proceeds to close in a little over sixty (60) days once discharge is entered. Nothing further needs to be done in over 99% of our cases after that hearing. So while Debtors must attend the mandatory “meeting of creditors,” they are very uneventful, boring, and simply a final requirement by the Bankruptcy Code before Discharge can be entered.

Written by Michael G. Doan

Owner of the Oceanside Bankruptcy Attorney office, Michael not only manages his business, but is also a highly skilled San Diego Bankruptcy Attorney with over 20 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only fourteen such attorneys in all of California. Mr. Doan also practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005.

The San Diego Bankruptcy Attorneys of Doan Law Firm

The San Diego Bankruptcy Attorneys of the Doan Law Firm, California’s Largest Family of Attorneys, Specializing in Bankruptcy, and Non-Bankruptcy Alternatives.

At Doan Law our Bankruptcy Attorneys will answer all your Chapter 7 and Chapter 13 Bankruptcy questions. Call us now to meet with one of our expert bankruptcy attorneys, at any of our San Diego Bankruptcy offices, call (760) 450-3333.

For more information from an experienced San Diego Bankruptcy Attorney from Doan Law Firm, please CLICK HERE. Hablamos Espanol.

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