Atlanta, Georgia Chapter 7 341 Meeting of Creditors
When you file a Chapter 7 case, you must attend a hearing that is known as a 341 Meeting of Creditors. The court sends the Notice of 341 Meeting of Creditors to the mailing address listed on your petition about one week after you file your Chapter 7 case.
Who is Present at the Meeting of Creditors?
The Meeting of Creditors is always conducted by the Chapter 7 trustee who is assigned to your case. The Chapter 7 trustee, you, and your attorney will be present at the meeting of creditors. There is never a judge present at the hearing. Although the title of the hearing is the “meeting of creditors, there are normally no creditors present at the hearing. If creditors do appear, they are usually secured creditors, such as car creditors, looking to see if you wish to reaffirm your car note and keep your car.
Where is the Meeting of Creditors?
There are four divisions of the bankruptcy court in the Northern District of Georgia, including Rome, Gainesville, Newnan, and Atlanta. The Atlanta 341 meetings are held in the federal courthouse which is known as the Richard B. Russell building and is located in downtown Atlanta on Spring Street.
What Do I Bring to the Meeting of Creditors?
All debtors must attend the 341 meeting with proof of their social security numbers and photo identification. The Chapter 7 trustee requests a copy of your most recently filed tax return in advance of the meeting, and your attorney will send the the tax return to the trustee before the hearing.
What Kinds of Questions Will The Trustee Ask Me at the Meeting of Creditors?
The Chapter 7 trustee’s job is to investigate your matter to see if you own any assets that can be liquidated to repay your creditors. Thus, questions about ownership of property, transfer of property, purchase of property, large payments to creditor, liquidation of property, and value of property are typical at a 341 meeting. Some common questions are:
- Did you read and sign your bankruptcy petition that your attorney prepared for you?
- Have you sold or transferred any property in the last 2 years?
- Do you own any real property?
- How much is the property worth?
- How did you come up with those values?
- Have you taken a cash advance on a credit card in the last 120 days?
- Have you paid any one creditor more than $600 in the last 90 days?
- Have you owned or operated a business in the last 4 years?
- Do you pay or receive any child support?
- Can you sue anyone for personal injury or workers’ compensation?
- Are you scheduled to inherit any money or property from a will in the next 6 months?
- Does anyone owe you any money?
- Do you have a whole life insurance policy that you can cash out?
- Why did you file bankruptcy?
- How many people live in your household?
How Long Does the Meeting of Creditors Take?
Although the 341 meeting of creditors seems complex, it is normally a straightforward proceeding that takes about 10 minutes to complete. You should plan on being at the hearing for about 1 hour because there will be other people who are scheduled for their hearing at the same time as yours.
What Happens After the Meeting of Creditors?
After the 341 meeting is concluded, your next step is to complete a second credit counseling course. You normally receive a close and discharge order within 4 months of the 341 meeting, depending on your case.
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