As many of you know I'm filing pr se, and I'm having my 341 meeting on monday. I was wondering what happens when you have a creditor show up? Also does that affect anything? Any help would be appreciated. I'm so glad that I found this place, because a lot of your answers have put my mind to rest!
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
If a creditor shows up at a 341 meeting, what do they say?
Collapse
X
-
At my 341, the only creditor to show was a rep from a local credit union.
In a case before mine, when the trustee asked if any creditors were present and wished to ask these people any questions, he stood up and introduced himself and his employer. The trustee granted him permisson to approach the debtors and their lawyer. He handed the lawyer and the debtor his business card and introduced himself again. The only question he asked was, since they were in default on the car loan and the CU had filed for relief from stay{and it had been granted} when would they turn it over. The lawyer said by the close of business the next day at the main branch of the CU. The rep. said that was acceptable and thanked them and said good day. It was over in under a minute.
-
Cirnrab, I'm pro se too. At my 341 I had no creditors show up, but the guy before me did. I don't clearly remember what he wanted, but I DO clearly remember the trustee rushing him out because he was wasting time.
The worst offenders at 341s are when relatives who are creditors show up; they seem to have no sense of what the 341 is about. I have heard a rare tale or two of a regular business creditor asking a huge number of questions, but like I said, it's rare. You are either going to reaffirm the debt or not, and if they have a real concern about dischargeability then they file an objection to your discharge, just like any other creditor.
Basically, the only problems arise when a creditor doesn't understand that the 341 is not a hearing to determine dischargeability, and they approach it with a barrage of questions as though they are at trial. Most creditors and their attorneys avoid this, so you should be fine. I hope this helps!Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!
Comment
bottom Ad Widget
Collapse
Comment