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Newburgh Area Lawyers Discuss The Section 341 Meeting in New York

The Section 341 Meeting is also called the First Meeting of Creditors, and for cases pending in the Poughkeepsie Bankruptcy Court, said Meeting is held at the US Trustee’s Office, which is located on the first floor of 355 Main Street, Poughkeepsie, New York. The building contains two stories and has brick facing, with the Bankruptcy Court being on the second floor. This hearing is usually held between 21 and 40 days after your case is filed.

It is recommended that you get there at least 15 minutes before your hearing is scheduled. When you enter the building, you will encounter airport-like security, which is handled in a very professional manner by the US Marshall’s Office. Be prepared to have your shoes and outer garments run through a scanning machine, and you may have to leave your cell phone with the Marshalls, or return it to your car. When you get through security, proceed to your right. The first room that you encounter will be a waiting room, with a door to the rear. Go through this rear door and enter the next room, where the Trustee actually conducts the meetings. Sit down and take out your driver’s license and Social Security card, which you will have to present to the Trustee when your case is called. Approximately 6 cases are scheduled for every half-hour, so listen to the questions asked by the Trustee to other debtors, because he or she will ask you essentially the same questions.

At least 7 days prior to the Section 341 Meeting your attorney will have provided the following documents and information to your Trustee: Payment Advices received by debtor during the 60 days prior to the date of the bankruptcy filing; the deed, current appraisal (no more than 6 months old ) and current mortgage statement for all real estate – for a cooperative apartment the stock certificate in the co-op and proprietary lease in the apartment are needed; for each vehicle or boat, a copy of the title, current lien holder statement indicated loan balance and recent appraisal; and most recent monthly bank statement for each bank account.

When your case is called you and your attorney will proceed to the table in the front of the room where the Trustee is seated, where you will hand over to the Trustee your identification documents. The Trustee will ask you to raise your right hand, and will proceed to swear you in. The Trustee will ask you to identify your signature on the petition, whether you listed all of your assets and all of your debts on your petition, and whether there is anything that you want to add to said petition. Your creditors are invited to attend this Section 341 Meeting and are entitled to ask you questions, although few creditors exercise this right.

The Chapter 7 Section 341 Meeting

The Chapter 13 Section 341 Meeting