' What is a 341 Meeting in Bankruptcy? - Law Offices of Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What Happens If You Miss Your 341 Meeting?

341 Meeting Of Creditors Attorney For Tampa Bay Florida.341 Meetings are One of the Most Important Obligations in Bankruptcy

There are several requirements you must meet when you file for bankruptcy. One of the requirements that causes the most stress for filers is the 341 Meeting of Creditors. If there is one thing that people filing for bankruptcy dread, it’s this meeting.

What is the 341 Meeting?

The 341 Meeting of Creditors occurs about 20 to 40 days after you file. You meet face-to-face with creditors and the court-appointed trustee to discuss the discharge of your debts. If a creditor believes its debt should not be discharged in your case, the meeting is an opportunity to explain why. It’s also a chance for you to defend your right to discharge. The meeting also allows the court to clear up any questions it might have about your bankruptcy paperwork.

The meeting is a mandatory requirement for debt discharge. The court schedules the meeting and filers must attend, even if it is inconvenient. Not attending can result in immediate dismissal of your case.

What Happens If I Miss My 341 Meeting?

The worst thing you can do is ignore your obligation to attend the meeting. Even with a good excuse, dismissal is possible. Intentionally missing it or forgetting about it guarantees you’ll miss out on debt discharge. You must take the meeting seriously and do everything you can to attend.

Of course, there are rare occasions on which someone cannot attend their meeting. The best thing you can do if there is a conflict with attending your 341 Meeting is to contact your attorney. There are some rare instances in which your in-person attendance requirement can be waived. (This is more common due to the COVID-19 stay-at-home orders and more meetings are held virtually now.)

There’s a chance your attorney can negotiate a new meeting time with the trustee and with the court. Doing so usually requires paperwork, but there are instances when meetings are rescheduled quickly due to illness. Trustees tend to understand reasonable emergencies but are less forgiving when there was time to make arrangements but you didn’t bother doing so.

To learn more about what will be asked of you at the 341 Meeting, check out this information from Nolo.com.

What If I Can’t Ever Attend My 341 Meeting?

Most of the time, if someone is unable to attend the 341 Meeting, it’s rescheduled for a better time and date. But there are instances in which a person is unable to ever attend a meeting or attend a meeting within a reasonable period. Some of the most common reasons people are unable to attend 341 Meetings include:

  • Chronic illness
  • Incarceration
  • Military service
  • Death

These are situations in which you cannot reschedule the meeting – at least not within a few days or weeks – so other arrangements must be made. Most of the time, you’ll know when you file that attendance at the meeting is impossible and your attorney will help you make arrangements. Just be clear with your bankruptcy attorney about your situation and know that it could make filing for bankruptcy more complicated.

Making Sure Your 341 Meeting of Creditors Doesn’t Result in a Dismissal of Your Case

The worst thing you can do when it comes to your 341 Meeting is to just not show up and assume everything will be fine. It won’t be. You need to address your concerns about the meeting as early as possible in the filing process and make sure you and your attorney come up with a plan for dealing with the meeting.

To learn more about what you can do to make sure the 341 Meeting of Creditors goes smoothly or to discuss filing for bankruptcy with an experienced professional, contact the Law Office of Robert M. Geller at 813-254-5696 to learn more.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

When Does Bankruptcy’s Automatic Stay Go Into Effect?

Filing for bankruptcy can be a daunting experience, but it also provides vital protection for those in financial distress. One...
Read More

Should I Close My Bank Account Before Filing for Bankruptcy?

Filing for bankruptcy is a significant decision that requires careful planning. One common question people have during this process is...
Read More

Can Filing Bankruptcy Stop Repossession?

Facing repossession of your car or other valuable assets can be incredibly stressful. When you’re struggling to make ends meet,...
Read More

Are Bankruptcies Public Record?

When individuals or businesses find themselves in financial distress, they may consider bankruptcy as a way to manage or discharge...
Read More

How Can I Protect My Assets During Bankruptcy?

Filing for bankruptcy can be a challenging decision. Many people worry about losing their assets during the process. In Florida,...
Read More

Will My Landlord Know If I Filed for Bankruptcy?

Filing for bankruptcy can be a daunting decision. If you’re a tenant, you may worry about how this decision affects...
Read More

Should I File Bankruptcy without a Lawyer?

Filing for bankruptcy can be a daunting process. Many people wonder if they should tackle it alone or hire a...
Read More

How Does Bankruptcy Affect My Credit Score?

Filing for bankruptcy is a significant decision. It can have a lasting impact on your financial future, especially your credit...
Read More

Can You File Bankruptcy on a Title Loan?

If you're struggling with debt and have a title loan, you may wonder if bankruptcy can help you escape that...
Read More

Will Bankruptcy Affect My Security Clearance?

When you're facing financial difficulties, the prospect of bankruptcy can be daunting. This concern is amplified if you hold or...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.536.4468

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 328-6667
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 274-9155

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 492-2663

Map And Directions