What to Expect at a Chapter 13 341 Meeting in Montgomery

The 341 Meeting which has been scheduled in your case will be held at the Frank M. Johnson U.S. Courthouse Complex located at One Church St., Montgomery, AL 36104

Remember to dress appropriately for your hearing-business casual attire. (Shirts with collars and sleeves, long pants, skirts or dresses with sleeves. No shorts, t-shirts, tank tops, flip flops, etc.)

Street parking is available. You may need change for a parking meter. There is free parking on Catoma Street next to Troy University in Montgomery.

When you enter the federal building, you will be required to go through a metal detector so please don’t bring along any items that you won’t need. Do not bring your cell phone. You will not be allowed to bring your cell phone into the courthouse. Please bring your driver’s license or some other form of government-issued identification to be allowed into the courthouse. You will enter the courthouse through the Lee St. entrance, not the main entrance on Church St.

Going through security sometimes takes a few minutes so please allow yourself plenty of time so that you are not late for your hearing. Once through the metal detector, go down the first hallway on the left and the courtroom is at the end of the hallway on the right. Follow the signs in the main hallway that state “Meeting of Creditors” or “Creditors Meeting Room”. The Creditors Meeting Room is through some glass doors. When you arrive, please go into the meeting room and have a seat. Other hearings will likely be scheduled before yours so make yourself comfortable and listen in so that you know what to expect when your case is called. Rest assured that one of our attorneys will be present and will be with you when it is time for your case to be heard.

The 341 Meeting is not a court hearing and the bankruptcy judge will not be present. There may be a short wait but your actual meeting will normally last just a few minutes. You will be sworn in and then the Trustee appointed in your case, and any of your creditors who are present, will be given an opportunity to ask you questions about your bankruptcy petition under oath. When it is time for your hearing, you will be called to the stand and one of our attorneys will be in the courtroom with you.

One of the first questions you will be asked is HAS YOUR FIRST CHAPTER 13 PAYMENT BEEN MADE? Therefore, it is very important that you bring proof of your first payment to the 341 meeting. A payment must be received by the trustee within 30 days from your filing date. NO EXCEPTIONS. You must mail your payments directly to the Chapter 13 Trustee. Please mail your payments to:

We never know exactly what other questions the trustee will ask but sample questions include:

• State your name. Are you still at the same address you listed on your bankruptcy paperwork?
• Did you sign the petition, schedules, statements, and related documents? Is the signature your own?
• Did you read the petition, schedules, statements, and documents before you signed them?
• Are there any errors or omissions you need to bring to my attention at this time?
• Are all of your assets and property identified on the schedules?
• Have you listed all of your creditors on the schedules?
• Have you filed bankruptcy before?
• Is your income still the same as it was on the day you filed bankruptcy?
• Are your expenses still the same?
• What is the address of your current employer?
• Have you provided your most recent tax return to your attorney?
• Do you have a domestic support obligation, (child support or alimony)? If you do, the name and address of the recipient will have to be provided.
• Are you current on your post-petition child support or alimony obligations?
• Have you filed all required tax returns for the past four years?
• Do you have a claim or lawsuit against anyone or any business that might result in you getting some money? If so, what is the status of each case and who is representing you?
• Have you sold or transferred any property to anyone within the last four years?

The foregoing is not an exhaustive list of questions. You may be asked other or different questions depending on the circumstances of your case. For example, you may be asked about any large or unusual bank deposits appearing on your recent bank statements. Or, if you are self-employed, you may be asked questions about your business and how it operates. You should be respectful and courteous in responding to questions that are asked. If you have a concern about how you should respond, please let our attorney know and we will assist you as necessary.

When the Trustee is done with her questioning, she will let you know. But our attorney may want to review things with you after the meeting is over so please don’t leave until we tell you that you can do so.

Thank you.