The 341 meeting is the one required appearance in most bankruptcy cases. Here is what Miami filers need to know.
Section 341 of the Bankruptcy Code requires every debtor to appear and answer questions under oath. The meeting is conducted by the trustee -- not a judge. Its purpose is to verify the information in your petition.
Despite its name ("meeting of creditors"), creditors rarely attend in consumer cases.
In the S.D. Fla., 341 meetings are typically held at or near 301 N Miami Ave, Miami, FL 33128 (C. Clyde Atkins U.S. Courthouse). Many are conducted by telephone or video conference since 2020.
A required hearing where you answer questions under oath about your finances. In the S.D. Fla., most are conducted by phone or video.
Common questions: Is your petition true and correct? Did you list all assets and debts? Have you transferred property recently? Do you expect inheritance or lawsuit proceeds?
Typically at or near 301 N Miami Ave, Miami, FL 33128 (C. Clyde Atkins U.S. Courthouse). Many are now by phone or video conference.
In most consumer cases, no. Usually just you, your attorney, and the trustee.
5-10 minutes typically. The trustee asks standard questions and reviews documents.
Valid photo ID, proof of Social Security number (SSN card, W-2, or tax return), and any documents your attorney requests.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility for a new bankruptcy discharge.
Free Discharge Screener Means Test Guide