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Maryland 341 Meeting of Creditors

Bankruptcy Attorney in Rockville, Maryland 

Filing for bankruptcy in itself is already stressful but another thing the debtors are stressed about is the 341 meeting of creditors that comes immediately after filing. What is a 341 meeting of creditors and how do I prepare for this? 

The best preparation a debtor can do is to consult with a bankruptcy attorney in Maryland who has unquestionable years of experience in the field. You will likely have multiple questions about the entire process and how you will conduct yourself. And only a seasoned lawyer can help you prepare. 

Call us today and discover how the bankruptcy lawyers at Kurland Law Group can help you walk through the process smoothly! 

Why do I need a Rockville 341 Hearing Attorney?

The 341 meeting of creditors is a crucial phase in every bankruptcy case. After filing your petition, this first step is your make-or-break process. Will your case proceed to a favorable discharge or will it face an unfortunate dismissal? The meeting of creditors will play a key role in determining the future of your bankruptcy case. 

Kurland Law Group is the law firm that can lead you to the path of success in this process. Our reliable bankruptcy lawyer in Rockville, Maryland can help you anticipate and plan any potential issues that may arise during the process. We will provide you with different options and approaches that are tailored fit to your needs. And we will make this process as simple and less complicated as possible. 

Consult with us now and let’s walk on the road towards your fresh start. Your bright debt-free future is waiving at you!

What is a 341 Meeting of Creditors in Rockville, Maryland?

meeting of creditors 341 Hearing or Meeting of Creditors is a meeting that all debtors should attend in any type of bankruptcy proceeding. It was named after Section 341 of the Bankruptcy Code. It allows the appointed bankruptcy trustee or creditors opportunities to ask questions from the debtors about their financial situation. 

The meeting is held in the presence of a trustee, creditors, and the debtor. 341 hearing notice is usually released 21 up to 60 days after the bankruptcy filing. And although it is often called a 341 hearing or meeting of creditors, there will be no presiding bankruptcy judge, and creditors rarely ever show up. Creditors are also not mandated to appear hence, they seldom attend 341 meetings. 

What Happens During 341 Meeting of Creditors? 

A Meeting of creditors may sound daunting and scary for some but it’s actually not if you did the right preparations. Here’s what generally happens during the 341 hearing. 

  • The bankruptcy court-appointed trustee will send you details of the meeting of creditors including the date, time, and place of the meeting 
  • Make sure to arrive on time. There will be multiple meetings of creditors scheduled in a day. Patiently wait for your turn.
  • During your turn, the bankruptcy trustee will conduct verification of your identity 
  • You will be put and examined under oath as required by Bankruptcy Rule 2003(b) 
  • The trustee will confirm the accuracy and completeness of your bankruptcy paperwork.
  • Additional documents might be requested if deemed necessary. 
  • The trustee and your creditors will ask questions about your financial circumstances. 
  • If you filed for a Chapter 13 bankruptcy, your repayment plan will be discussed.
  • Meeting usually lasts for less than an hour. If the trustee is satisfied with your bankruptcy paperwork and answers, you can just wait for the discharge of your case. But if the trustee requested another meeting or further documents, you have to comply accordingly. 

It is the trustee’s responsibility to make sure to review all the documentation presented to the court and evaluate all the assets and properties you have identified. Trustees will also look for possible bankruptcy fraud during the meeting of creditors. If you are 100% honest with your filing and are not trying to commit any illegal deeds, this process should not scare you. 

What Are The Common Questions During 341 Hearing?

During 341 meetings of creditors in Rockville, Maryland, you have to appear confident and at ease. You don’t want the trustee to think you are a fraud or acting in bad faith, right? One best way to prepare is to anticipate potential questions that the bankruptcy trustee or creditors will throw at you. Your bankruptcy court trustee may ask you the following questions. 

  • How long have you been living in Maryland?
  • Are you married? 
    • If you were a divorcee, the trustee will likely inquire about properties you gave to your spouse during the divorce process
    • If you are in a divorce proceeding, you might be asked if you are expecting to receive any amount of money or property from the divorce proceeding
  • Is this your first time filing for bankruptcy? 
  • Why did you file for bankruptcy? 
  • Have you ever filed a bankruptcy case before? 
  • Did you review carefully your bankruptcy document before you signed it?
  • Is all information you provided in your paperwork accurate and complete?
  • Did you list all of your assets and property? How about all of your debts and liabilities? 
  • Do you have any pending claims against any business or anyone?
  • How about any pending lawsuit? Who is representing you and what is the status of each lawsuit? 
  • Do you owe any alimony or child support obligation? If you do, be ready to provide their names and addresses. 
  • Did you own a business in the past five years?
  • How many homes or other real estate do you own? 
  • Do you own any valuable collections? Coins, artworks, stamps, or any antiques? 
  • Are you filing your taxes regularly? Are you expecting a tax refund? How much?
  • Are you a beneficiary of any wills or trusts? 
  • Did you lend anyone money? If yes, how much do they owe you?
  • Are there any changes in your financial situation that occurred after you filed your bankruptcy petition?
  • Did you transfer any properties before filing for bankruptcy? 
  • Did you gift any property away in the last 12 months? If yes,  which property did you transfer and to whom?
  • Did you make new charges on your credit card in the past 12 months?
  • How did you calculate the total value of your assets? 
  • Do you own a car? How many? Are they insured? 
  • Does someone else hold a property that belongs to you? If yes, what’s the property, and who holds it? How much is the value?
  • Do you have any medical bills from an injury or medical condition? How much?
  • Did you win any lottery money recently?
  • How much is your spare cash when you filed for bankruptcy? 
  • Do you have savings accounts, security bonds, stocks, or overseas accounts under your name? 

It is highly recommended to seek legal advice from a 341 hearing attorney in Maryland to help you prepare for the questioning. The trustee and your creditors’ questions will try to expose any intentions to abuse the bankruptcy laws. They will also try to uncover if there are attempts to make improper payments or if you are lying about your income. 

It is very important, to be honest, and transparent with your financial situation. Remember that during the meeting of creditors, you are under oath and any incorrect information you provide will be grounds for a charge of perjury. 

What If I Answered Incorrectly During 341 Hearing?

The 341 meeting is not a hearing attended by the bankruptcy court judge. It is non-binding. It is not a test as well where you have to pass else your case will not push through. 

341 meeting is an opportunity for you to correct any inaccurate details you unintentionally put in your documents. It’s an avenue to provide additional information on recent changes in your financial circumstances. If you are not sure how to answer your trustee during the 341 hearing, it is not wrong to answer “I am not sure.” Also, if you sought for legal assistance from an experienced and reliable bankruptcy attorney in Maryland, they can assist you in answering any technical question. 

The only answers you are not allowed to say are the untruthful ones. You have nothing to be worried about as long as you are honest and truthful with all your responses. If you have questions about the 341 hearing in Rockville, Maryland, Kurland Law Group is just a phone away! 

How to Prepare for the Meeting of Creditors?

The best way to prepare before your scheduled 341 meeting of creditors in Maryland is to review all your bankruptcy paperwork thoroughly. Make sure you did not miss to include something. If you spot any incorrect information or inaccurate entries,  you should be able to act on it right away.  

  • If still possible, file amended paperwork before the hearing schedule 
  • Raise the inconsistencies to the trustee’s attention during the meeting 
  • In addition, if there have been changes in your financial situation from the time you filed your bankruptcy case, notify the trustee right away 

Common issues encountered during the 341 meetings are incorrect name spelling on the documents in comparison to the proof of identification presented. Verification of the filer’s identity is a way for the bankruptcy court to avoid fraudulent acts. It will be time-consuming, but you will be asked to submit amended paperwork and will likely have a rescheduled 341 hearing. Double-check your paperwork carefully to avoid this kind of inconvenience. 

What to Bring for 341 Meeting of Creditors?

For a seamless 341 meeting of creditors, gather all your bankruptcy documents before the day of the hearing and make sure to bring the following. 

  • Proof of identificationPhoto ID 
    • Driver’s license
    • Government ID
    • Military ID
    • State photo ID
    • Student ID
    • Passport 
    • Resident alien card
    • Consulate card
  • Proof of Social Security number 
    • Social security card
    • Medical insurance card
    • W-2 form
    • Social Security Administration report
    • Internal Revenue Service Form 1099
    • Pay stub
  • Bankruptcy case reference number
  • Tax statements
  • Income records
  • Mortgage or rental contracts
  • Car and other vehicle titles
  • Any additional bankruptcy paperwork that was requested by the trustee beforehand

Do I Have to Appear During 341 Meeting of Creditors?

YES! Attending the 341 meeting of creditors is mandatory for all debtors who submitted a bankruptcy petition. If you fail to attend the hearing, your bankruptcy case will be dismissed and you will lose the chance of getting debt relief. 

If you will not be able to attend the hearing because of any valid reason like a family emergency or you have a severe medical condition that prevents you from attending the meeting personally, you can request to have the 341 meeting of creditors rescheduled. 

Kurland Law Group, your trusted 341 hearing law firm in Maryland, can help you make special arrangements depending on your situation. Instead of risking your case being dismissed, consult with us now and we’ll assist you in finding alternative approaches applicable like 341 meetings over the phone. 

Chapter 7 vs. Chapter 13 Meeting of Creditors

The process of Chapter 7 and Chapter 13 bankruptcy meetings of creditors are generally the same. There is only a slight difference between the two types of bankruptcies. 

A chapter 7 bankruptcy trustee will be responsible for selling any properties and assets that your bankruptcy exemption will not be able to protect. The trustee will be in charge of distributing all of the proceeds generated from selling your assets. 

Meanwhile, a Chapter 13 trustee will evaluate your Chapter 13 repayment plan and if it is feasible considering your current financial situation. Are you eligible for lesser payment terms or do you need to extend your proposed payment plan? In addition, your trustee will be in charge of collecting your monthly repayment and distributing it to your creditors according to your approved plan. 

What Happens After 341 Meeting in Maryland?

You will not get an automatic discharge after the 341 meeting of creditors. Instead, it will be a waiting game for the discharge decision or motion to dismiss. Here are the things you can do after attending your meeting of creditors. 

  • Provide your trustee access to your non-exempt assets. If you filed for Chapter 7 bankruptcy, your trustee would sell all your properties that were not safeguarded by the bankruptcy protection law and give the proceeds to your creditors. 
  • Reaffirm your debts for properties you intend to keep. A reaffirmation agreement is a legal contract between a debtor who filed for Chapter 7 bankruptcy and the creditor. By entering this agreement, you agree to repay your debt to keep your property. Usually, this is done on a house, mortgage, or car. The trustee will sell all your non-exempt properties under Chapter 7 and the reaffirmation agreement removes this property from the list. 
  • Continue to pay debts that are not included in the bankruptcy petition. If you have other debts not covered by your bankruptcy case, you should continue making payments on them. 
  • Prepare for the possibility of a motion to dismiss notice. If the trustee or your creditors found fraudulent entries in your petition or found out you lied about something during the hearing, they can file a motion to dismiss your case. It can also happen if you fail to qualify for a bankruptcy discharge under the bankruptcy code. 
  • Wait for bankruptcy discharge decision. If the trustee is satisfied with your paperwork and determined that all information you provided during the 34 hearing is sufficient, the bankruptcy court will free you from all your debts in accordance with the bankruptcy code.

Call our Maryland 341 Meeting of Creditors Attorney Now!

Instead of being overwhelmed and scared, prepare for 341 meetings of creditors with a positive disposition that this is the beginning of your new financial life. If you are honest and truthful with all your declarations, you can be at ease that it will eventually lead to a favorable discharge decision. 

Kurland Law Group will help you have that peace of mind and confidence that your fresh beginning is just around the corner. Our compassionate lawyers strongly believe that a successful attorney-client relationship is the key to achieving favorable court decisions. That is why we take a serious effort to understand every client’s need in order to provide the best legal solution that satisfies and addresses their every concern. 

Never hesitate to reach out to our law firm to skillfully guide you in the entire bankruptcy process, especially the 341 meeting of creditors in Maryland. Your journey toward a seamless fresh start begins when you dialed our number. Speak to us now!

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