At the meeting of creditors—also referred to as the 341 hearing—the person filing bankruptcy (debtor) meets with the bankruptcy trustee, who is appointed by the court to oversee the case. The trustee will ask the debtor to provide the debtor’s proof of identification and social security number card.
The trustee will ask the debtor questions (under oath) about the debtor’s bankruptcy petition, schedules, statements, tax returns, property, and financial accounts to confirm the accuracy of the documents and the debtor’s reported income. The trustee will try to determine whether the debtor has any unreported sources of income and will look for signs of bankruptcy fraud. Creditors may also attend and ask the debtor questions.
The meeting of creditors usually takes place at the federal courthouse or other federal building between 21 and 40 days after the debtor files the bankruptcy petition.
In Utah, as in other states, the meeting of creditors, also known as the 341 hearing, is a mandatory part of the bankruptcy process. During this meeting, the debtor is required to meet with the bankruptcy trustee assigned to their case. The trustee, who represents the interests of the creditors, will verify the debtor's identity and Social Security number. The debtor will be questioned under oath about their bankruptcy petition, schedules, financial statements, tax returns, assets, and financial accounts. The purpose of these questions is to ensure the accuracy of the submitted documents, assess the debtor's income, and identify any potential unreported income or signs of bankruptcy fraud. Creditors are allowed to attend the meeting and may also question the debtor. This meeting typically occurs within 21 to 40 days after the bankruptcy petition is filed and is usually held at a federal courthouse or federal building. The process is governed by federal bankruptcy law, and local Utah bankruptcy court procedures may also provide additional guidance on how the meeting is conducted.