After your Chapter 7 Petition is filed with the court, you will be scheduled for a 341 Meeting, or what is also known as your First Meeting of Creditors. This hearing will be scheduled to take place at least 21 days after your case is filed with the court, but no later than 40 days after your case has been filed.
All of your properly listed creditors will receive notice of your 341 hearing. It is very important to list all of your creditors in your petition that is filed with the court. You cannot use your credit cards prior to filing your petition with the court. Remember, you are deemed insolvent, 90 prior to filing your bankruptcy case, and therefore, any charges or use of a line of credit within that period of time would be objectionable by that particular creditor. You must list all potential personal injury cases you have, any inheritance monies and/or any business, insurance policies and monies owed to you. Remember, you can exempt all or most of these monies listed as claims to property.
At your 341 First Meeting of Creditors, your creditors can ask limited questions in regards to your assets and liabilities. It should be noted that most creditors do not attend this hearing. A Trustee is appointed to review your petition and schedules, and asks you questions at this same hearing as to your financial condition. Your trustee will need all documents relative to your assets and liabilities. It is very important to provide your attorney these documents so that he/she can provide these documents to the Trustee at least seven (7) days prior to your scheduled 341 hearing.
A Bankruptcy Trustee is appointed in each case to hear and ask questions of the Debtor(s) at your 341 hearing, regarding your assets and liabilities. Any questions asked of you would be items or documents that we would have already discussed during your interview and subsequent bankruptcy filing. It should be noted that you must assist our offices in sending to your Bankruptcy Trustee , at least seven (7) days prior to your 341 First Meeting of Creditors, copies of bank statements, retirement account statements, statements for insurance policies, pay stubs, tax returns, deeds for real estate, mortgage payment information , your recorded mortgages and any other documentation related to the assets listed in your bankruptcy petition and schedules.
You will receive your 341 Notice Sheet in the mail within the first ten (10) days of your case being filed with the court. These 341 hearings for all cases that are filed for debtors living in Wayne, Oakland and Macomb Counties will take place at 200 West Fort Street, Room 300 (Third Floor), Detroit, MI 48226.
It is mandatory that you attend your 341 hearing. If you fail to appear, your case may be dismissed. You must present your appointed Trustee with state (driver’s license or State ID card) or federal issued picture identification (passport ), as well as your social security card.