After filing for bankruptcy, attending a meeting of creditors, also known as a 341 meeting, will be mandatory. Generally, if you fail to attend this required hearing, your bankruptcy case will be automatically dismissed. However, as with most things in life, there are some exceptions and situations that may warrant a rescheduling of your 341 meeting. Continue reading to learn more.
The Consequences of Not Attending Your 341 Meeting
Meeting with your creditors in a 341 hearing is an essential element of any bankruptcy. After filing your case, you will receive a notice that will inform you of the location, date, and time of your hearing. Unless you qualify for an exception, which is rare, you will have to attend this scheduled meeting. Failure to attend this hearing will result in the dismissal of your bankruptcy case without discharging your debts. As a result, you will have to refile your bankruptcy case if you wish to still eliminate your debts.
Typically, your 341 meeting will take place within 20 to 40 days after filing for bankruptcy, which should give you ample time to ensure you are able to make it. However, you are aware that you will be unable to attend, it is crucial to let your bankruptcy trustee know as soon as possible. Generally, bankruptcy trustees have a hectic schedule and are often unwilling to reschedule unless there is a compelling reason.
Below are some of the reasons a trustee may reschedule your 341 meeting:
- You have a family or medical emergency that requires immediate treatment or a severe medical condition that makes it impossible for you to attend.
- There is a weather emergency
- You or your attorney become incapacitated.
- You become incarcerated.
You cannot reschedule based on a change in your work schedule, to travel for business or personal reasons, because you are moving, or for a routine medical check-up. Forgetting your hearing date is not a valid reason for missing your 341 meeting.
Schedule a Case Evaluation with an Experienced Bankruptcy Attorney Today!
If you are having difficulties paying off your debts, do not hesitate to reach out to the bankruptcy team at Kovacs Law, P.C. for the guidance you need to navigate this process and begin a new chapter in your life. You can rely on us to provide the knowledgeable legal advice you need.
Call our law office today at (508) 645-4073 to request a case review with a member of our team to get started.