At a bankruptcy Section 341 meeting of creditors—commonly called the “341 hearing”—a bankruptcy debtor is required to appear and answer questions under oath. Although no judge is present, the bankruptcy trustee assigned to the case conducts the hearing, and creditors are allowed to attend and ask questions, although it’s very rare that creditors participate. The purpose of the meeting/hearing is to confirm the accuracy of the bankruptcy paperwork, ensure the debtor’s honesty, and determine whether there are assets available for creditors. Today, all trustee hearings are done by Zoom video conference.
The trustee will begin with standard identification questions, such as verifying the debtor’s name, address, Social Security number, and photo ID. From there, the trustee typically asks whether the debtor has carefully reviewed the bankruptcy petition, schedules, and statements, and whether everything is true and complete. Debtors are often asked if they listed all assets, all debts, and all sources of income. The trustee may also confirm that the debtor understands their obligation to disclose property, including any inheritance received within 180 days of filing the bankruptcy.
In a Chapter 7 bankruptcycase, the trustee’s focus is on whether there are non-exempt assets to liquidate or be paid their value by the debtor. The trustee may also ask about specific assets—such as vehicles, real estate or pending lawsuits—to clarify ownership and value. If exemptions have been claimed, the trustee may determine whether they are accurate and proper. If the debtor has recently transferred or sold property, or repaid certain creditors, the trustee will inquire about those transactions to determine if they can be recovered for the benefit of creditors.
In Chapter 13, questions often focus on the debtor’s ability to make proposed plan payments. Financial background questions usually follow. The trustee may ask about current employment, monthly income, household expenses, and any recent changes in financial circumstances. Questions about tax returns are common, especially whether the debtor has filed all required returns and whether refunds are expected.
Creditors, if present, may ask their own questions. These are usually limited to clarifying the debtor’s intentions regarding collateral (like cars or homes) or confirming details about particular debts.
Overall, the 341 hearing is not meant to be adversarial. It is a fact-finding session where the trustee ensures full disclosure, confirms eligibility, and provides creditors an opportunity for inquiry. Honest and straightforward answers typically lead to a smooth and brief meeting.
