When most clients come into my office to discuss filing a bankruptcy case, they are worried about going to court. They fear that they will be interrogated about every financial decision they have made and that they will be judged in a bad light because they cannot pay their bills. However, this is not the case. Most clients tell me that they had imagined something much worse than they actually experienced when they attended their 341 Hearing. In fact, most clients tell me how surprised they were by how quick the 341 Hearing was after they were finished.
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The 341 Hearing or First Meeting of Creditors
Every debtor is required to attend a 341 Hearing, also known as the First Meeting of Creditors. The hearing itself will only last about five minutes and is presided over by the trustee that is assigned to your case. There is not a judge at this hearing and, even though you are testifying under oath, the hearing is less formal than a court hearing with a judge.
The bankruptcy trustee assigned to your case will ask you questions about your case under oath. The hearing is recorded for the record. The trustee will ask you general questions such as your name, if you reviewed your bankruptcy forms, if the bankruptcy forms are correct, if you need to make any changes and if you included all of your assets and debts. The trustee will then ask specific questions about your case such as how much your home is worth and if you have transferred any assets.
The trustee has reviewed your bankruptcy forms prior to the 341 Hearing so that he can ask specific questions about items that are unclear and so that he can gain further information to properly administer your case. Creditors may appear at a 341 Hearing to ask questions; however, in almost all cases in South Jersey, no creditors appear to question the debtor.
None of the questions that you will be asked at your 341 Hearing will be a surprise because either my staff or I have already asked you these questions to prepare your bankruptcy forms. I also meet with each client prior to the 341 Hearing to answer any questions the client may have and to prepare the client for the hearing. I personally attend the 341 Hearing with you. As long as you remain calm, listen to each question and answer each question honestly, the 341 Hearing is nothing you need to worry about when filing a bankruptcy case.
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Personal Approach, Professional Service, Affordable Payment Plans
Schedule a Free Consultation with an Experienced South Jersey Bankruptcy Attorney
My law practice focuses on bankruptcy, debt consolidation and credit repair. If you are struggling with your debts, bankruptcy offers affordable solutions to help you erase your debt and get the fresh start that you need. I offer free consultations so that you can learn more about bankruptcy and non-bankruptcy alternatives to your debt problems.
If you are having problems with debt collectors in Burlington County or anywhere in Southern New Jersey, call The Law Office of Travis J. Richards, LLC in Mount Holly at 609-267-5297 or use our convenient online contact form to schedule an appointment today.
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