If you file for bankruptcy in Utah, you will be required to attend a hearing known as the
meeting of creditors. This meeting is mandated by section 341 of the U.S. Bankruptcy
Code, and if you don’t show up, your case could be dismissed and you would be
responsible for all your debts.
The prospect of attending the meeting of creditors is worrisome for many clients.
Fortunately, the meeting of creditors, or “341 hearing,” isn’t as scary as it sounds. In
fact, most take less than 10 minutes.
The Utah Bankruptcy Trustee May Ask Questions
Your 341 hearing will take place in a meeting room, not at the courthouse. And no judge
will be there. The meeting is led by a court-appointed Utah bankruptcy trustee.
The trustee will begin by swearing you in, so you must be honest during the meeting of
creditors or risk perjury charges. You and your bankruptcy attorney will sit at a table,
along with the trustee and any of your creditors who attend.
Then, the trustee will question you, as required by law.
Most of the questions are routine, intended to confirm the information in your bankruptcy
petition. But the trustee also may ask for clarification of details in your paperwork or
about particular debts and assets.
Your Bankruptcy Creditors May Ask Questions
When the trustee needs no further information, your creditors will be given a chance to
For example, your car loan or home mortgage lender may want to know if you intend to
keep your property and reaffirm the debt. In some cases, a creditor may have questions
about recent credit card charges.
But don’t be surprised if none of your creditors show up to the 341 hearing.
Utah bankruptcy law does not require them to attend, and unless your case is unusual,
it generally isn’t worth their time or effort. If none of your creditors come, or if those
present have no questions, the trustee will conclude the meeting.
What Happens After the Bankruptcy Meeting of Creditors?
Completing the 341 hearing doesn’t mean you’ll automatically be granted a bankruptcy
discharge. After the hearing, your creditors have 60 days to object to your discharge.
Objections are rare, but if you incurred new debts or charges right before filing for
bankruptcy, creditors may argue that those should not be discharged.
To receive an official bankruptcy discharge, you’ll need to complete a debtor education
course. This course is intended to teach you how to manage your money and credit
Failure to attend the course within 60 days of your 341 hearing may result in your case
being closed without a discharge. Your bankruptcy attorney or trustee can point you
toward an approved debtor education provider.
Having an experienced Utah bankruptcy attorney by your side is an excellent way to
protect your rights at the meeting of your creditors. In fact, your attorney can work with
you prior to the hearing to discuss any potential questions the trustee and creditors are
likely to ask.
In West Jordan, Utah, contact Lewis Adams and Associates to schedule a consultation.
We provide experienced, professional representation for all matters related to Utah
bankruptcy, and we can assist you with your case today.