If you are planning to file for Chapter 7 bankruptcy are currently in the process of a Chapter 7 bankruptcy you probably have questions about the timeline of the bankruptcy case. Every person who filed for chapter 7 bankruptcy has to attend something called a 341 meeting but might not know what that meeting is or what happens after that meeting. Read on to find out more about what happens after a 341 meeting in Chapter 7 bankruptcy.
Key Takeaways
- A 341 meeting is a mandatory part of Chapter 7 bankruptcy where creditors can ask questions about your debts, and it's crucial to attend with an attorney to ensure accuracy and compliance.
- After the 341 meeting, additional paperwork, including reaffirmation agreements, must be filed to retain certain assets, which will remain as debts to be paid post-bankruptcy.
- Following a Chapter 7 discharge, creditors cannot attempt to collect discharged debts, and any attempt to do so should be reported to the court for sanctions.
What is Chapter 7 Bankruptcy?
Filing for Chapter 7 is the most common type of bankruptcy for an individual. Chapter 7 allows for the complete dissolution of debt, while other chapters require payment on the debts. While there is no repayment plan in a Chapter 7 bankruptcy, the trustee can sell (liquidate) any non-exempt assets you possess and use that money to pay off some or all of the debt you are attempting to discharge.
What is a 341 Meeting?
The 341 meeting is a mandatory meeting of listed creditors. When you file for bankruptcy, you will list all of your debts, and the creditors of those debts will be notified. The trustee assigned to your case will conduct the 341 meeting, or they will have someone who works for them attend the meeting. The judge assigned to the bankruptcy proceedings will not attend. At the meeting, the creditors will be able to ask you questions about your debt. The filed petition and the accompanying schedules will be reviewed.
It is important that you attend the meeting and answer all of the questions honestly. You should have an attorney with you at the meeting. The meeting may be conducted by phone. The creditors are notified about the meeting, and if they do not attend the meeting, they do not waive any rights. The meetings tend to be short, less than half an hour, but if the trustee or their representative doesn’t like the sound of one or more of your answers, they may elect to have a second meeting just to clarify any concerns. If you do not appear for your 341 meeting, the case may be dismissed.
What Happens After the 341 Meeting?
After the 341 meeting takes place and the trustee is satisfied, there is additional paperwork that your attorney will need to file. This typically includes reaffirmation forms in order to keep certain assets (like your car or your house). You should keep in mind that any property that is included in a reaffirmation agreement will continue to be a debt that must be paid, and if you fail to pay that debt after Chapter 7 is finished, you could be subject to a financial penalty.
How Long After the 341 Meeting Until Discharge?
Each federal district has its own local rules for the timelines and deadlines for bankruptcy filings. Many states require that the Chapter 7 bankruptcy be completed a certain amount of time after the petition and schedules are filed. Some federal districts require that Chapter 7 be completed and closed within 60 days of the initial filing if no motion to extend the bankruptcy is filed. While this is not a hard and fast rule, the best option here is to ask your bankruptcy attorney for a timeline, and they should be able to tell you what the local rules for your federal district are.
What Happens After Discharge?
After your debts are discharged, you will still be responsible for paying off any property that was reaffirmed during your Chapter 7 bankruptcy. If a debt was discharged in your Chapter 7 bankruptcy case, the creditors may not contact you or try to sue for collection. If a creditor attempts to collect the discharged debt, you should notify the court that granted the discharge. The court that granted the discharge will sanction the creditor because the discharge contains a permanent injunction against the collection of the discharged debt.
Ideally you will have the counsel and assistance of an experienced attorney for your Chapter 7 bankruptcy in order to ensure that everything that can be discharged is and that you file a complete list of debts and creditors in order to maximize the Chapter 7 protections and the ability to move on after the bankruptcy is completed.
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