After filing for bankruptcy protection, your first contact with the court will be at a meeting of the creditors, commonly called a 341 hearing after the section of the bankruptcy code. The hearing is an opportunity for the bankruptcy Trustee and any creditors who may be present, to question you regarding your petition. Although the setting is generally more informal than a courtroom, there are some important do’s and don’ts to remember.

First, be on time. I recommend coming early so you can listen to questions the Trustee asks other debtors. After a few minutes you will get a good idea of what you will be asked. Second, have the necessary documents. You will always be required to bring your social security card, driver’s license or state identification.  Depending on your location, local rules may also require additional documentation such as recorded mortgages and vehicle titles. If you do not bring these items you could jeopardize your discharge or be required to return for another 341 hearing. Finally, be prepared to answer the Trustee’s questions. This is where arriving early will assist you in being prepared for the type of questions the Trustee will ask. Always keep in mind that it is the role of the Trustee to administer the bankruptcy estate so he will be looking for irregularities or recent transfers of property or assets. The most important thing to remember is to tell the truth and only answer the questions you are asked. The Trustee is experienced and knows what type of answer he is expecting. If the Trustee senses you are being untruthful or hiding something, he will ask additional questions and possibly request additional documentation. If you are truthful and do not give the appearance that you are trying to hide something, your 341 hearing will go smoothly and you will be on your way to obtaining a discharge.

- Richard V. Stokan, Jr.