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Bankruptcy

341 Meeting

What is the 341 Meeting? This is a meeting of creditors at which the debtor seeking bankruptcy is questioned under oath by creditors, a trustee appointed by the United States Trustee's Office, or examiner about his or her financial affairs. Massachusetts law requires that your attorney be present at the 341 Meeting, otherwise the attorney will be deemed by the court to have not represented the debtor.

At this meeting, the trustee will review documents and ask financial questions to ascertain that all the information the debtor provided are true and accurate. He will additionally ask questions to determine if there are assets which can be liquidated to pay creditors. Required documentation varies somewhat depending on the debtor's circumstances, but will include home ownership deed, proof of home valuation, Declaration of Homestead, most recent Federal income tax return, and, if applicable, two months of pay stubs, proof of rental income, and/or profit and loss statement for independent contractors.

At the 341 Meeting, the debtor must provide a driver's license and social security card or other legally acceptable proof of identity. The debtor will be asked several questions to confirm this information, such as name, address, place of employment, income, bank balance(s), value of home(s), car(s), monies owed to the debtor by another party, etc.

While this may sound onerous, the 341 Meeting generally tends to last only a few minutes; the purpose is simply for the debtor to testify truthfully and in full disclosure of everything required on the bankruptcy laws. In some case, the meeting may be extended based on individual circumstances to review additional documentation.

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