Q:  I heard that I am required to attend a court hearing regarding my bankruptcy. What is this hearing for and what can I expect?

A:  Pursuant to federal law, all debtors are required to attend the mandatory hearing, known as the meeting of creditors or the 341(a) hearing. Failure to attend this hearing will result in the dismissal of your case.

In a chapter 7 case, the hearing is scheduled by the Bankruptcy Court approximately twenty (20) to forty (40) days after the bankruptcy case is filed.  In a chapter 13 proceeding, the hearing is scheduled between thirty (30) to forty (40) days after the case is filed.  The Bankruptcy Court has sole discretion when the hearing will be scheduled. The Court schedules a date and time for the hearing, and provides notice to all parties including the debtor of this hearing.  The Chapter 7 debtor and creditors will receive a form entitled "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines", whereas the Chapter 13 debtor and creditors will receive the "Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines".

Your case should be called within one hour (although on occasion it might be within two hours) of the scheduled time listed on the Notice. This is essentially a cattle call. The trustee controls his or her schedule, and calls cases in the order of his/her choosing. Some trustees tend to fall behind schedule. Thus, you can expect to wait up to two hours for your case depending on the trustee. The trustee also has the authority to request your appearance at a subsequent meeting of creditors if reasonably necessary to obtain all information and documents related to your financial situation. Therefore, additional absences from work may be required.

The meeting itself generally only takes five to ten minutes. The meeting is an informal gathering which allows the trustee and your creditors to examine you under penalty of perjury about your financial affairs. The hearing is typically conducted in a large meeting room. The meeting is being recorded, which means that you must answer the questions audibly and clearly. 

You must present photo identification and your social security card at the hearing.  Federal Marshals will check your photo identification before allowing you through security at the Federal Courthouse.  The Trustee also must independently verify that you are the individual that is filing for bankruptcy relief.  To thwart identity theft, the Trustee will not conduct the hearing without it.

Q:  Where is the §341 Meeting of Creditors held?

A:  §341 Meetings of Creditors are normally held in Room 1500 at the Foley Federal Building located at 300 S. Las Vegas Boulevard, Las Vegas, Nevada 89101 (click for map). 

The Foley Federal Building is located on the southwest corner of Bridger and South Las Vegas Boulevard.  There is only metered parking in the area except for several pay parking lots.  One parking lot is due west of the Foley Federal Building and charges by the hour.  There are two parking lots to the south of the Foley Federal Building on Clark Avenue and S. Las Vegas Boulevard.  Another parking lot is to the northwest of the Nevada State Bank building at the intersection of Bridger and South Las Vegas Boulevard and charges $3.00 for up to 10 hours of parking.  To avoid a ticket or worse being towed, bring several dollars in quarters. 

Room 1500 is on the first floor of the Courthouse.  It is a large conference room located to the left of the security station when you entered the building.  There is a small waiting room that you must pass through before getting to the meeting room.  The waiting room is generally used by attorneys to confer with clients before the hearings begin. 

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