What Is a 341 Meeting?
When you file for bankruptcy, one required step is attending a "meeting of creditors." Attorneys and trustees call it the 341 meeting, named after Section 341 of the Bankruptcy Code. It is not a court hearing. A judge does not attend. Instead, the trustee assigned to your case asks you questions under oath about your finances and your bankruptcy paperwork.
For most people, the meeting lasts only a few minutes. Creditors have the right to attend and ask questions, but they rarely do in consumer cases.
The Southern District of Florida: Three Divisions
The federal bankruptcy court for South Florida is the U.S. Bankruptcy Court for the Southern District of Florida. It covers a large geographic area and is organized into three main divisions:
- Miami Division (serving Miami-Dade and Monroe counties)
- Fort Lauderdale Division (serving Broward County)
- West Palm Beach Division (serving Palm Beach, St. Lucie, Martin, Indian River, and Okeechobee counties)
When you file, your case is assigned to the division that covers the county where you live or where your business is located. Your 341 meeting will be scheduled through that same division.
When Does the 341 Meeting Happen?
The meeting is typically scheduled about 30 days after your bankruptcy petition is filed. Filing the petition is what triggers the automatic stay under 11 U.S.C. § 362. Once the case is filed, the automatic stay generally pauses collections, foreclosures, garnishments, and most lawsuits while the case remains open. There are exceptions and limits, particularly for repeat filings, but the stay takes effect at the moment of filing, not at the 341 meeting.
You will receive a notice from the court that includes the date, time, and instructions for your 341 meeting.
How 341 Meetings Are Currently Held in South Florida
This is an important local detail. In the Southern District of Florida, 341 meetings are routinely conducted by video conference or by telephone, rather than in person. This has become the standard practice for consumer Chapter 7 and Chapter 13 cases, and it applies across all three divisions.
What does this mean for you in practical terms?
- You may attend from your home, your attorney's office, or another location with a stable internet or phone connection.
- You will still need to confirm your identity. Trustees typically ask you to hold a government-issued photo ID and your Social Security card (or another document showing your full Social Security number) up to the camera or have them available to describe clearly.
- If the meeting is by video, you will receive a link or dial-in details on your court notice.
- If technical problems arise, the trustee can reschedule.
Always double-check your court notice for the specific format of your meeting. Procedures can be updated, and individual trustees may have slightly different preferences.
What Happens During the Meeting?
The trustee will place you under oath and ask questions based on your bankruptcy schedules and your Statement of Financial Affairs. Common topics include:
- Confirming your name, address, and Social Security number
- Verifying that you signed and reviewed your bankruptcy petition and schedules
- Asking whether the information in your paperwork is accurate and complete
- Questions about property you own, recent transfers, income sources, and debts
- Clarifying anything in your paperwork that looks unusual or incomplete
The meeting is not an adversarial proceeding. The trustee's job is to make sure your filing is accurate and that no assets are being hidden. Honest, straightforward answers are always the right approach.
For a deeper look at what trustees ask and how to prepare, see our post on the 341 meeting of creditors in Florida.
Chapter 7 vs. Chapter 13: Does the Meeting Differ?
The format of the meeting is similar across both chapters, but the context differs.
Chapter 7 is a liquidation bankruptcy. A means test compares your household income to the Florida median income to determine eligibility. Most filers keep their exempt property. The trustee at a Chapter 7 meeting may ask questions about assets and whether anything could be administered for the benefit of creditors.
Chapter 13 involves a 3-to-5-year repayment plan. The trustee at a Chapter 13 meeting often asks more detailed questions about your income, expenses, and the terms of your proposed plan. Creditors are somewhat more likely to attend Chapter 13 meetings if they have concerns about how their debt will be treated under the plan.
Subchapter V of Chapter 11 is a streamlined reorganization path for qualifying small businesses. The 341 meeting in a Subchapter V case can involve more complex financial questions related to the business.
Florida Exemptions and Why Trustees Ask About Them
Trustees ask about your property because they need to understand what is protected and what is not. Florida has its own set of exemptions that determine what filers can keep.
Key Florida exemptions include:
- Homestead exemption: Protects the full value of your home in many cases, subject to acreage limits (half an acre inside a municipality, 160 acres outside). A federal cap can apply if you acquired the property shortly before filing.
- Vehicle equity: Up to $1,000 of equity in one motor vehicle.
- Personal property: Up to $1,000 in personal property, with a larger wildcard amount available to filers who do not claim the homestead exemption.
- Head-of-family wages: A portion of wages for someone who provides more than half the support for a dependent.
- Retirement accounts: 401(k)s, IRAs, and similar accounts are generally well-protected under Florida law and federal rules.
Understanding your exemptions before the meeting helps you feel prepared and answer questions confidently. Our post on bankruptcy schedules and the Statement of Financial Affairs walks through how this property information gets reported in your filing.
Before and After the Meeting: Two Required Courses
Two educational steps are required in every consumer bankruptcy case, regardless of chapter.
Before filing, you must complete a credit counseling course from an agency approved by the U.S. Trustee Program. The certificate from that course must be filed with your petition.
After the 341 meeting, and before your discharge is entered, you must complete a debtor education course (also called a financial management course) from an approved provider. This second course focuses on budgeting and managing finances going forward.
Missing either course can delay or prevent your discharge, so staying on top of these deadlines matters.
What Debts Survive a Discharge?
A discharge wipes out many unsecured debts, but not all. Debts that generally survive include:
- Most student loans
- Recent income taxes and certain other tax debts
- Domestic support obligations like child support and alimony
- Court-ordered fines and restitution
Past results do not predict future outcomes. Whether a specific debt is dischargeable depends on the facts of each case and applicable law.
Attending Your Meeting With Confidence
Many people feel nervous before their 341 meeting. That is completely normal. The meeting is typically short, the trustee is not there to judge you, and arriving prepared makes a significant difference. Review your paperwork, have your ID ready, test your video or phone connection ahead of time, and show up on time.
For more context on what happens after your discharge is entered, the post on bankruptcy discharge explained covers what the discharge order means and what comes next.
Wondering if a fresh start fits your situation?
Attorney fees, court costs and filing fees are explained in writing before any case begins. Take the free 2-minute case review or call Recalde Law Firm at (305) 792-9100.