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Know in advance if creditors will show at 341?

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    Know in advance if creditors will show at 341?

    I've searched around the forum to find the answer, because I'm sure it's here somewhere, but I wasn't able to find it!

    Is there any way to know if creditors are going to show up at your 341?

    Just wondering if they have to file anything in advance with the court or notify your attorney.

    I'm nervous enough about my 341 the day after tomorrow, but I'd prefer to know before walking in if creditors are going to be there to question me

    Thanks in advance!

    #2
    No, the 341 is open to the public. No reservations required.
    Very seldom do creditors show. They lose no rights by not showing. They have 60 days from the 341 to file any objections.
    At my 341, the only creditor who appeared was a representative from a local credit union asking debtors about reaffirming auto loans.
    He was polite and respectful.

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      #3
      i received notices of intent to appear from the court for both my mortgage company and car finance company. It was not a problem with either, the mortgage company just wanted to make sure the arrearages were paid as a priority debt and the car finance company only wanted to see proof of insurance on the car.

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        #4
        Keepmine is right - you won't know until you get there if any of your creditors are going to show, but the chances of that happening are extremely low.

        On our appointed 341 day, my hubby and I decided to go early and listen to the trustee question all the Ch 13 cases in front of ours - about 15 of them, one after another. The only case that had a creditor show up was a man and his wife who owned a local business that went bankrupt and the owner of their building and his lawyer were there to question them about their rental agreement and whether they were going to honor the agreement or not. That's it. We all worried ourselves silly about creditors showing up at our 341s, and 99.5% of the time not a single one does. Hang in there - your 341 will be over soon and you'll feel so much better!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Creditors rarely show, but they are not required to give any notice that they will be attending. However, if a creditor files a Notice of Appearance (this Notice does not relate to the 341, but rather is the form filed by a creditor, usually their attorney, informing the court that the creditor is represented by an attorney). If a creditor files that document, then there is at least a 50/50 chance the creditor will show. But otherwise, you will probably not know in advance...but at the same time, it is very very very rare for a creditor to show.

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            #6
            Our attny told us typically the only Creditors that show up here are Locals. The paralegal rattled off a bunch of local business names. We had no clue who they are as we had only recently moved here. I do know from the tone of the converstion, they give our attny fits every time they do show up.

            There weren't any Creditors there for any of the Filers on the day of our 341.

            Reports from other Posters here of Creditors showing are few and far between. Generally associated with a specific issue such as you've heard described here already.

            Even if they do show, there won't be any shouting matches. While the meeting is Public, and anyone in the room can hear if they want, the Trustee does keep the tone low key and conversational.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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              #7
              Thanks to everyone for your replies! Always much appreciated, keepmine, SF, wayne-o, lrprn, hhm.

              Guess it was just wishful thinking on my part

              Would have been nice to know for certain, although I see time and again here that it IS rare for creditors to show. I just fear it because of the huge amount of debt, and while it didn't take me one year to rack it all up, didn't take ten years, either and so on...basically letting the worst case scenarios get to me! Have to stop doing that and head in there tomorrow believing all will be well!

              I do see from various posts here that there are usually very specific reasons for creditors to show, and more often than not I see it's regarding secured debt, such as Sears would show up for, or regarding auto loans, etc.

              Hopefully I will be one of the many who is able to come here and say, "you were right, better than I thought"

              Just nervous, as many, if not most, are. Not knowing what the Trustee will be like, what he will ask, having to speak in front of a group or people and the overall "weight" of the reality of my situation.

              I realize this is only one step - plenty of times I have read that the 341 can go extrememly well, only to have all kinds of hell break loose AFTER! But my hope is that this major step goes well at least.

              I know there are others here in the 4/4 club, so best of luck to my fellow 341ers tomorrow!

              And thanks again for your responses and the morale boost

              Comment


                #8
                Be sure to let us know how it goes for you.

                Good luck and best wishes for a quick and painless 341!

                Comment


                  #9
                  Many thanks, Wrinkleigh That's what I am hoping for, "quick and painless"!

                  Not often would I make this statement, but all things considered, I'd rather be going to the dentist!

                  Comment

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