341 Hearing

Usually about 1 month after you file your petition, the trustee will hold the "first meeting of creditors" ("341" meeting). You must appear for that meeting. The trustee will ask you questions under oath about your property and debts. Creditors can also question you on those subjects, but is rare.

Generally, the only responsibilities you have with respect to the bankruptcy after the 341 meeting is to cooperate with the trustee in providing any requested information. Creditors have 60 days after the 341 meeting to convince the bankruptcy court you shouldn't be allowed to jettison your debts. Under the new law, you have to reaffirm your car loan within 45 days after the "341 meeting."

You also have the option to redeem the car within 45 days of the "341 meeting." This means that you have to pay the entire balance due within that time. Because most debtors do not have that kind of money, this option is rarely used.

The trustee may review your income and expenses to see if you have enough money left after your current living expenses to pay something to creditors.