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“First Meeting of Creditors” or “341 Hearing” - both Chapter 7 & Chapter 13 |
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In both Chapter 7 and Chapter 13 Bankruptcy proceedings the first scheduled Court date that you will have is called your “First Meeting of Creditors” or “341 hearing”. In Chapter 7 cases, this will be your only scheduled Court date. The most important things to remember to bring to this hearing are your Drivers License(s) and your Social Security Card(s). If you do not have these two specific forms of identification, it is quite possible that your hearing will not be held. This will result in you having to make another trip to Court and possibly incurring additional attorney fees. |
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It is important that you arrive at least fifteen minutes early to your hearing. For Chapter 7 cases, you will need to have read and reviewed the “Bankruptcy Information Sheet”. Also, some Chapter 7 Trustees have an additional questionnaire form for you to fill out before your hearing. For Chapter 13 cases, there is a Supplemental Statement that will need to be completed just prior to your hearing. |
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Confirmation Hearing - Chapter 13 only |
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In a Chapter 13 case, the notice that you will receive from the Court will have a second Court date, this is the date of your “Confirmation Hearing”. This is the time where your Chapter 13 Plan is accepted or “confirmed” by the Court if all objections have been resolved and all payments that are due have been made to your Chapter 13 Trustee. If there are minor issues that still need to be resolved, it is possible that your Confirmation Hearing may be adjourned to a later date. However, if payments have not been made it is possible that your case may be dismissed. It is very important to bring proof of all payments made to the Chapter 13 Trustee to your Confirmation Hearing. This may mean the difference between your case getting Confirmed or having it be Dismissed.
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