Filing personal bankruptcy in South Carolina involves several steps. After collecting your financial information and submitting it to the court, a meeting is scheduled with the trustee. This is called a 341 Meeting of Creditors.
If you have an experienced South Carolina bankruptcy attorney, they will appear with you, and the meeting is conducted via computer conferencing. These meetings are usually brief and routine.
What is the 341 Meeting?
The meeting gets its name from Section 341 of the U.S. Bankruptcy Code, which requires every debtor to appear and answer questions under oath. The session is run by the case trustee or the U.S. Trustee rather than the bankruptcy judge.
The primary objective of the meeting is to confirm your identity and verify information on your bankruptcy paperwork.
When Will It Happen?
Your 341 Meeting depends on the bankruptcy chapter filed and the trustee’s calendar.
- Chapter 7 meetings are generally 21 to 40 days after filing
- Chapter 13 meetings are scheduled 21 to 50 days after filing
Soon after you file, the court mails a notice listing your trustee’s name and address and your meeting date and time.
South Carolina Meetings Take Place on Zoom
Cases filed under Chapters 7, 12, and 13 on or after September 1, 2023 have 341 Meetings via Zoom video conferencing. Your assigned trustee’s Zoom meeting ID and passcode appear on the U.S. Trustee’s South Carolina webpage. Alternative arrangements may be made when necessary and, in rare cases, in-person meetings held in Columbia, Charleston, or Greenville. Chapter 11 meetings are held by telephone.
Find a quiet, private spot with reliable internet connection. Test your camera and audio beforehand. Trustees schedule several cases per time block, so there is often a brief wait.
What to Have Ready
Have your government-issued photo ID handy as well as proof of your Social Security number (on your Social Security card or a W-2 form). You must send your most recent federal tax return to the trustee at least seven days in advance. Your case may be dismissed if you fail to provide documentation. Keep a copy of your bankruptcy petition nearby to refer to when asked questions by the trustee.
What the Trustee Will Ask About
After you have taken an oath to respond to all questions honestly, the trustee will ask about:
- your property, debts, income, and expenses
- whether you reviewed and signed your petition, it is accurate, and you listed all of your assets and creditors
- prior bankruptcies
- child support or alimony obligations
- any recent property transfers
- if you expect additional income or an inheritance, including lawsuit proceeds
Honest answers are essential. Bankruptcy crimes include making false statements or hiding assets, which can carry up to five years in prison and fines up to $250,000.
341 Meeting FAQs
- Will Creditors Show Up? Creditors receive notice and may ask questions, but they rarely attend 341 Meetings. Those who appear typically have a specific concern, such as recent transactions, recovering collateral securing a loan, or dishonest statements.
- How Long Does It Last? A typical 341 Meeting lasts about 15-20 minutes. If the trustee needs more information the meeting can be continued to a later date.
- What If You Miss It? Attendance is mandatory. The trustee may seek to dismiss your case if you are a no-show, and you generally cannot receive a discharge without attending the meeting. Spouses who file jointly must both attend. If an emergency arises, contact your attorney or the trustee immediately.
Getting Legal Guidance
Personal bankruptcies have increased by more than 12 percent in each recent year. Filing bankruptcy impacts your life and future plans but an experienced attorney from Lam Law Firm can provide guidance before and during the process. Contact Lam Law Firm today for a confidential discussion of your personal finances and the bankruptcy process.
