Provided by the Bankruptcy Division of

Frequently Asked Questions

What is a 341(a) Meeting Of Creditors?

The 341 Hearing, or meeting of creditors, is a hearing all debtors must attend in any bankruptcy proceeding. The meeting is conducted by a bankruptcy trustee in Chapters 7 and 13, or a representative of the United States Trustee’s Office conducts the meeting for Chapter 11. All bankruptcy filers must attend a 341 Hearing and if filing jointly, both spouses must appear. If the debtor fails to appear and provide the information requested, the trustee may dismiss the case, or may seek other relief against the debtor for failure to cooperate.

The meeting allows the trustee to review the debtor’s petition and schedules with the debtor. The debtor is under oath and is required to answer questions about the debtor’s right to a discharge by examining the debtor’s conduct, property, liabilities, financial condition, or any other matter that may affect the administration of the case. In addition, debtor will be asked questions to ensure comprehension of the bankruptcy process.

In addition to the debtor’s and trustee’s presence at the meeting, creditors are notified that they may attend and ask the debtor questions pertinent to the administration of the case. However, creditors are not required to attend these meetings and do not waive any rights if they do not attend. The meeting runs only about ten to fifteen minutes and may be continued if the trustee is not satisfied with the information presented.

What is Credit Counseling and Debtor Education Management?

Credit counseling is a course you take within 180 days of filing for bankruptcy. This course is conducted by a counseling agency authorized by the U.S. Trustee Program. It is a requirement for ALL non-business debtors. Upon completion, the debtor will receive a certificate that must be filed with the bankruptcy petition. If filing jointly, both debtor and spouse must complete a course. Failure to follow the time requirements may result in dismissal of your case. If applicable, a budget and repayment plan may be developed during the course, which will also need to be filed with the certificate.

Debtor Education is similar to Credit Counseling except that it is completed after filing for bankruptcy. The course must be completed and certificate of completion filed with the court no later than 45 days after the date first set for the 341 Hearing for Chapter 7 filers or prior to the last payment in the repayment plan for Chapter 13 filers. This course is also conducted by a counseling agency authorized by the U.S. Trustee Program. It is a requirement for ALL non-business debtors. If filing jointly, both debtor and spouse must complete a course. Failure to follow the time requirements may result in dismissal of your case.

Please visit the US Trustee’s website for the most recent information on approved providers through our Additional Links page.

Can I pay a debt after it has been discharged?

Even though the debt can no longer be legally collected, you are allowed to voluntarily repay any discharged debt. You may decide to do this in the case where you owe a family member money or you may wish to preserve a longtime relationship such as with your medical professional.

I already filed for bankruptcy once, can I file again?

You must wait to file another Chapter 7 at least eight years after a discharge from either a Chapter 7 or Chapter 11. At least six years to file another Chapter 7 from a Chapter 12 or 13 except in the situation where you paid all allowed unsecured claims in the previous case or the you paid at least 70% of the allowed unsecured claims in the repayment plan which was proposed in good faith and the payments were made with your best effort. You must wait to file a Chapter 13 at least four years after a discharge from Chapters 7, 11, or 12. You may file for another Chapter 13 by waiting only two years from filing a previous 13.