Preparing for your 341 Hearing

341 Hearing or Meeting with the Creditors

The 341 Hearing or meeting with the creditors will occur around 6 weeks after you file for bankruptcy. It is called the 341 Meeting of the Creditors because it is found in section 341 of the Bankruptcy Code.

Once filed, the Bankruptcy Court will automatically send you a date for your 341 hearing it will take place in Room 119, the 1st Floor of the Bankruptcy Court located at 215 Dean A. McGee Avenue, Oklahoma City, Oklahoma. You should meet your attorney in front of the hearing room fifteen (15) before the scheduled hearing so that you are able to review any documents and discuss the details of the hearing.

You must bring with you to Court:

1. Your Driver's license OR a State issued Picture ID;
2. Proof of your Social Security number, i.e. Social Security Card, a W-2 or a 1099;
3. All your Paycheck Stubs since the bankruptcy was filed; If you do not receive a paycheck please provide a written wage statement prepared by your employer which details your gross income and all deductions;
4. All your bank statements since the bankruptcy was filed;
5. Your Debtor Education Certificate.
6. Any Titles for secured property

If you do not have this information, you may not be allowed to have your hearing and you and I will have to come back to Court.

You cannot bring to Court and you cannot get into the Courthouse with:

5. A cell phone which take pictures or video
5. A knife; or
5. A weapon of any kind.

If you carry any of these items, or any other items the Marshals deem contraband, please leave them at home or in your car. If you attempt to bring these items into the Courthouse the Marshals will not allow you into the building. You will have to walk back to your car and leave the offending item before returning to the Courthouse. This may make you late. The Trustees and I do not like for you to be late.

Here's an overview of what will happen on your hearing date. My hope is this will relieve any tension or stress over what is to come.

Dress as you normally would when you go to work. There will be 10-20 other people with their lawyers at the hearing all of whom are in your shoes. The chance of us being first is unrealistic. This is, however, a good thing because it gives you an opportunity to see the process and be more comfortable when it's your turn.

At the head of the room is the "hearing area." In that area there is a desk for the Trustee, a podium for the lawyer, a table for you and a table for the Creditors. This is where you and I will go when it's your turn to testify. Once it's your turn, you will present your ID and SS card to the Trustee and be sworn in. I will ask you a series of questions like:

I will meet you in the hall after your hearing to give you an update of what I learned during your hearing and return any of your original documents.

Any Creditor who did not appear will have 60 days from the hearing date to object o your bankruptcy. If a Creditor fails to object and the Trustee has no objections, your debts will be discharged. It normally takes about 90 days from this hearing date to get your Discharge Order.

We will not have to go back to Court unless someone objects. I will contact you if that happens, however, I do not anticipate that happening in your case.

You must also know that:

1. Any tax refund or any other monies (other than a paycheck) due or received after you filed bankruptcy must be reviewed by the Trustee. You may not cash, deposit or spend any checks without the Trustees written approval.
2. If you receive an inheritance during the next 12 months you MUST contact my office so that the Trustee can be notified.
3. If you receive a tax refund for the past year or any earlier year you may not cash or spend this check without written approval from the Trustee.
4. Finally, as you will recall, you have to take a Financial Management Instructional Course before your case can be concluded and before you will receive a discharge. This is a different class than the one you took before you filed your case. You must complete this Financial Management Instructional Course before you may receive your discharge. I would like for you to complete the course before your first meeting of creditors.