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Texas Procedures for Obtaining Relief from Requirement to Attend 341 Meeting of Creditors

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Texas
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TX-518
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Procedures for Obtaining Relief from Requirement to Attend 341 Meeting of Creditors

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FAQ

A Chapter 7 or 13 Trustee will ask you basic questions many that are listed below. Creditors usually do not show up for this meeting. Any of your testimony will be recorded and used against you if there is a dispute.

You Must Tell The Truth At The 341 Meeting Of Creditors. The Trustee and any creditor or other party in interest is entitled to ask questions regarding your assets and liabilities, as well as any questions that are relevant to the administration of the bankruptcy case, or your right to a discharge.

Can You Spend Money After the 341 Meeting? Absolutely! Any money earned after filing for Chapter 7 bankruptcy is yours to do with as you like because post-filing earnings aren't part of the "bankruptcy estate" or bankruptcy case. You can keep it, spend it, or give it away.

After the 341 Meeting in Chapter 13 Bankruptcy If the bankruptcy court approves your proposed plan, you'll complete the payments and comply with other requirements.

Creditors usually do not show up for this meeting. Any of your testimony will be recorded and used against you if there is a dispute. Your answers must be brief and direct.

The Court enters an order discharging individual Debtors after all requirements are met, but no sooner than the last day to object to the Debtor's Discharge. This is usually 60 days after the 1st setting of the 341 Meeting of Creditors unless a motion is filed with the court to extend that time.

Failure to attend the Section 341 meeting without the prior agreement of the Chapter 13 Trustee or the Bankruptcy Administrator, as applicable, may result in the filing of a Motion to Dismiss the case by the Trustee or the Bankruptcy Administrator.

If any creditors do attend the 341 meeting, it is typically out of curiosity, to ask whether their debt will be reaffirmed, or to ask about the location and condition of their collateral. In most cases, the meeting of creditors is not attended by any of the debtor's creditors.

More info

Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors. Everyone who files for Chapter 7 bankruptcy, both individuals and businesses alike, must attend a hearing called the 341 meeting of creditors.What is the 341 meeting of creditors in bankruptcy? Read it or Call bankruptcy attorney Michael Ziegler for a FREE initial consultation: (727) 538-4188. You and your attorney (if you have one) must fully complete the one-page Zoom Registration Form ("Registration Form") found below. The court may decide whether notice is to be given and how it is to be given. At the 341 meeting (also called the creditors' meeting), the trustee will ask about your bankruptcy forms, property, debts, and more. Whether you file for bankruptcy under Chapter 7 or Chapter 13, you will need to attend the meeting of creditors. Section 341(a) of the Bankruptcy Code provides that "the United States Trustee shall convene and preside at a meeting of creditors. When filing for bankruptcy, it is one of the requirements to attend the 341 Meeting of Creditors other than taking a credit counseling course.

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Texas Procedures for Obtaining Relief from Requirement to Attend 341 Meeting of Creditors