Avoid Doing These Things At Your Kentucky Bankruptcy 341 hearing

AVOID DOING THESE THINGS AT YOUR

KENTUCKY BANKRUPTCY 341 HEARING

Musselwhite Meinhart & Staples, PSC

“The 341 Hearing gets its name from the Bankruptcy Code section that requires this hearing to be held in every bankruptcy case which is filed (11 U.S. Bankruptcy Code §341). ”

https://www.law.cornell.edu/uscode/text/11/341


Avoid Doing These Things at Your Kentucky 341 Hearing www.mmslawonline.com 2

Every person who files a bankruptcy must attend a bankruptcy hearing known as

the First Meeting of Creditors, also known as the 341 Hearing. The 341 Hearing

gets its name from the Bankruptcy Code section that requires this hearing to be

held in every bankruptcy case which is filed (11 U.S. Bankruptcy Code §341).

WHAT IS A 341 HEARING?

The 341 Hearing is a very short hearing conducted by the bankruptcy trustee

assigned to your case. There is not a judge present for this hearing. The

trustee places you under oath and asks you questions regarding your assets,



debts, income, expenses, and financial history. Your bankruptcy attorney

attends the 341 Hearing with you; however, the attorney cannot provide

answers to any of the trustee’s questions. Only the debtor and/or the joint

debtor are allowed to answer the trustee’s questions.

A typical 341 Hearing is only five to ten minutes in length. Even though

creditors and other parties in interest are permitted to attend the hearing and to

ask questions, very seldom do any of these parties appear at the 341 Hearing.

At the conclusion of the hearing, the trustee will declare the case to be an asset

or no-asset case (in a Chapter 7 case) or refer the matter for a confirmation

hearing (in a Chapter 13 case). Our office prepares you for your 341 Hearing so

that you feel comfortable and confident when it is your turn to answer the

trustee’s questions.


AVOID DOING THESE THINGS AT YOUR 341 HEARING

Even though most of the following suggestions are considered common sense by

most people, it is always

prudent to remind debtors of

things that they should avoid

doing prior to and during their

341 Hearing.

Do Not Be Late To Your 341

Hearing. If you are not familiar

with the area where the hearing

is to be held, consider driving by

the hearing location a few days

in advance. Note where you

can park and how to enter the

building. If you are late for your

hearing, the trustee could

dismiss the case. This is an

inconvenience for you and

everyone involved in your case.

Do Not Forget To Bring The Proper Identification. You must have proof of

your identification and Social Security Number at your 341 Hearing. We advise


clients to bring their driver’s license and their Social Security card (the originals,

no copies) with them to their hearing. If you do not have these documents, tell

our staff immediately so that we can work with you to ensure you have the

proper identification for court.

If you do not have the proper

identification at your 341

Hearing, your case may be

continued or possibly

dismissed.

Do Not Bring Weapons or

Electronic Devices Of Any

Type Into The Hearing.

Weapons of any type (i.e.

guns, tasers, knives, etc.) are

specifically forbidden in the

hearing room and the building.

Electronic devices such as

phones, tablets, and laptops

are also not permitted inside

the hearing room. Leave all of these items at home or safely secured in your

vehicle (at your own risk).


Do Not Make Jokes. What sounds funny to you may sound suspicious to a

trustee. Never make jokes about the cash you have hidden in your back yard or

the motorcycle stored in your father’s garage. Keep your answers to the point

and only answer the questions asked by the trustee.

Do Not Mumble. The trustee is audiotaping the 341 Hearing; therefore, you

must speak clearly and loudly. If you mumble or whisper, the trustee must

continuously ask you to repeat your answers. This is frustrating for the trustee

and this behavior could complicate your hearing. Furthermore, do not use the

words “uh huh” or “unh huh” or use head nods or head shakes when responding

to the trustee’s questions.


PREPARING FOR THE 341 HEARING

The key to remember is that the trustee rarely asks you a question that your

attorney or attorney staff has not already asked you once if not several times

during the preparation of your bankruptcy schedules. The trustee is asking

questions based on the information in your bankruptcy schedules; therefore,

reviewing your bankruptcy schedules prior to the hearing will also help you feel

more confident about your 341 Hearing.


CONTACT AN EXPERIENCED KENTUCKY BANKRUPTCY

ATTORNEY

WE’VE HELPED THOUSANDS OF KY FAMILIES, WE CAN HELP

YOU!

The bankruptcy lawyers of Musselwhite Meinhart & Staples, PSC have over 50

years of combined legal experience. If you are struggling with bills you cannot

pay, we can help you. We

represent clients throughout

central Kentucky.

Contact us at our Radcliff Office

in Hardin County at (270) 351-

6032, our Louisville Office in

Jefferson County at (502) 964-

1968) or toll-free at 1-800-754-HELP to schedule a free consultation with one

of our attorneys. You may also contact our office through our convenient online

contact form.

http://mmslawonline.com/contact/

http://mmslawonline.com/contact/


About the Author

Paul Musselwhite, Carol B. Meinhart, Kimberly Staples, and Robert D. McIntosh

are the experienced and knowledgeable attorneys that make up Musselwhite,

Meinhart & Staples. With over 50 years of combined experience, they have been

serving the legal needs of individuals, military service-members and families in

Hardin county and all of central Kentucky with pride and dignity.

Musselwhite Meinhart & Staples, PSC www.mmslawonline.com

385 W. Lincoln Trail Blvd. Radcliff, KY 40160 (270) 351-6032 3103 Fern Valley Road, Suite 203, Louisville, KY 40213 (502) 964-1968 Toll-Free: 1-800-754-HELP Fax: (270) 351-6069 [email protected]

http://www.mmslawonline.com/

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Avoid Doing These Things At Your Kentucky Bankruptcy 341 hearing