Maui 341 Creditor Meeting Attorney
Get Skilled Guidance Throughout the Bankruptcy Process
The "341 meeting" or meetings of creditors takes place when bankruptcy is filed. This gathering takes its name from its grounding in section 341 of the Bankruptcy Code. Within Chapter 7 or Chapter 13 bankruptcy, this meeting is presided over by the appointed case trustee. If the case is under Chapter 11, the United States Trustee's representative generally handles it.
Until further notice, as of December 2021, 341 Meetings of Creditors are being held via Zoom. Please read this notice from the U.S. Trustee, Region 15, District of Hawaii.
When meetings were not being held via Zoom Video before December 2021, the location was based on the debtor’s county of residence. Below were the in-person meeting locations based on counties:
- Maui (including Lanai, Molokai)
- J. Walter Cameron Center, 95 Mahalani Street, Wailuku, Hawaii
- Honolulu (Oahu)
- U.S. Trustee Meeting Room, 1132 Bishop Street, Suite 606, Honolulu, Hawaii
- Hawaii (Big Island)
- Hilo State Office Building, 75 Aupuni Street, 1st Floor, Hilo, Hawaii
- Kauai Judiciary Complex, 3970 Kaana Street, Room C-104, Lihue, Hawaii
How The 341 Meeting of Creditors Works
Upon the submission of your bankruptcy petition, the court designates a trustee to oversee your case and they schedule the meeting. During this meeting, the trustee verifies the information that was provided in the bankruptcy petition and delves into the specifics of your financial situation. They use this time to provide you with an understanding of the implications of bankruptcy, ensuring that you are well-informed about the process. Note that for joint bankruptcy cases, each debtor is required to attend.
While the attendance of creditors is not mandatory, they are given the option to engage and seek explanations should they wish to do so. This interactive element emphasizes the open communication and transparency that is integral to the bankruptcy process.
Despite being known as the “Meeting of Creditors,” creditors rarely attend the meeting and it is usually held with only the bankruptcy trustee, the debtor(s), and the debtor’s attorney in attendance. The trustee verifies the debtor’s identity and Social Security number and questions the debtor about the paperwork on file with the Bankruptcy Court to ensure that all assets and debts are listed and income and expenses are accurately provided. In Chapter 7, the trustee determines whether there are non-exempt assets that can be sold to pay some or all of the bankruptcy filer’s debts. In the vast majority of cases, no assets are liquidated. In Chapter 13, the trustee determines whether the debtor’s reorganization plan meets the requirements for confirmation by the Hawaii Bankruptcy Court.
About Meeting Dates and Times
The bankruptcy court will provide you notice of when the 341 Meeting will take place. You may request to change the location, date, or time, by contacting your bankruptcy trustee or the Office of the United States Trustee Region 15: District of Hawaii at (808)522-8150, however, rescheduling is typically not allowed.
What Should I Bring To The 341 Meeting?
Debtors are required to bring the following essential documents to the meeting of creditors:
- Valid Government-issued Photo Identification and Social Security Proof:
- Acceptable forms of identification include:
- A driver's license
- State ID card
- Military ID
- Legal resident alien card or passport
- Examples of documentation proving your Social Security number include:
- Your Social Security card
- Recent paystub
- Original Form W-2, Form 1099, or an IRS transcript of a tax return
- Acceptable forms of identification include:
- Verification of Current Income: In addition to the 60 days of payment advice forwarded to the trustee at least 7 days before the meeting, debtors should present their most recent payment advice.
- Latest Bank and Investment Account Statements: Ensure you have the most recent statements for all your active bank and investment accounts.
- Supporting Records for Monthly Expenses: Documentation supporting the calculation of current monthly income and disposable income on Form 122A or 122C, particularly related to claimed monthly expenses.
- Proof of Property Valuation: Any documents substantiating the valuation of both real and personal property.
- Additional Documents Requested by the Trustee
Having these documents readily available helps facilitate a smooth and productive meeting, contributing to the overall efficiency of the bankruptcy process.
Contact Our Maui 341 Meeting Lawyer Today
An experienced and knowledgeable bankruptcy attorney can ensure that you are prepared for the questions the trustee is likely to ask so that your 341 meeting on Maui goes as smoothly as possible.
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