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Who has had creditors actually show up at the 341??

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    Who has had creditors actually show up at the 341??

    This terrifies me. I carry alot of credit card debt with assets that should be exempt according to my lawyer.
    I do have a few pending lawsuits, are those creditors more inclined to show up??

    #2
    Creditors hardly ever show up at a 341 Meeting as it's quite useless for them. Howeger, there are two types of creditors that "may" show up. Those two are 1.) credit unions and small local banks, and 2.) vindictive relatives or friends.

    The credit unions and small local banks show up, usually, because you have a vehicle with them and due to some language in the contracts, the vehicle may be cross collateralized with other loan products. From the 341s meetings that I have witnessed, these small banks and credit unions usually want to take a picture of the vehicle, if it was brought to the 341 Meeting, to get an idea of the condition. Other than that, they are not there to "get" you.

    The other category speaks for itself. If you list a friend or family member as a creditor, and you don't have a good relationship with them, it's possible they'll show up at the 341 meeting. The problem for them, however, is they don't understand the process and just try to mess with your bankruptcy and discharged. While this type of creditor is rare to show up at the 341 Meeting, it does happen.

    Otherwise, I would not worry about this. No creditor, except for small banks and credit unions when a vehicle is involved, are any more inclined to show up. Most creditors know that it's waste of time.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      In my area the 341 are still handled telephonically. I was on a call for an hour listening to over 50 cases. No creditors showed up for them or my case. I amended my petition and asked my meeting be continued. I was extra diligent to notify all the creditors the ones I added as well as all the original ones. So now they got double notice of my case!

      I had a second 341. Again 50 plus cases before mine came up. Only one creditor on someone case appeared and it was some mortgage company. For some reason (i dont recall exactly) they were cut off by the trustee something to do with the automatic stay. The trustee was quite annoyed by that appearance lol.

      So for whatever reason, credit card companies are diligent in pursuing people in state actions but not so much in bk.

      I would be more concerned about how the initial petitions are filled out because you will be asked under oath if they describe the totality of your assets and your creditors. Since amending is a PIA just get it right the first time around.
      Last edited by bornfree2; 05-25-2022, 09:26 AM.

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