The meeting of creditors (also called the 341 hearing) is a mandatory hearing almost all bankruptcy debtors must attend. At the 341 hearing, creditors have the right to ask you questions under oath about your bankruptcy papers and financial affairs. But in most cases, creditors rarely attend 341 hearings.

What do you tell creditors?

Once you retain bankruptcy counsel, you can inform your creditors, “Don’t talk to me; call my attorney!” The Fair Debt Collections Practices Act (FDCPA) prohibits third party collectors (collection agencies, attorneys, etc.) from speaking with you once they know you are represented by an attorney concerning the debt.

Who will notify my creditors about my bankruptcy filing?

Only Listed Creditors Will Receive Notice, So be Thorough. It is important to emphasize that only creditors listed on your schedules will receive notice of your bankruptcy filing. If you leave a creditor off your filing, they will not be bound by the discharge.

What happens if I hire a bankruptcy attorney?

If you hire a bankruptcy attorney, and you inform your creditor of that fact, the creditor will have to call your attorney instead of you. Some bankruptcy attorneys will accept a small down payment—perhaps as little as $100—as an initial retainer so that you can avoid the calls while saving the rest of your attorneys’ fees.

What happens if I leave a creditor off my bankruptcy filing?

If you leave a creditor off your filing, they will not be bound by the discharge. Having said that, if they do receive notice, they should immediately stop harassing you. If you are having problems with a particular creditor, notify your attorney.

What happens at a creditors hearing in bankruptcy?

The hearing allows the bankruptcy trustee and your creditors to examine your financial affairs under oath. Despite its name, creditors rarely attend the meeting of creditors. Creditors have an opportunity to review your bankruptcy petition and schedules when you file your case.