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Chapter 7 in Georgia
Chapter 7 bankruptcy in Georgia

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How to survive a Georgia Chapter 7 “Section 341 Meeting of Creditors” hearing

by Jonathan Ginsberg
Atlanta Bankruptcy Attorney

Your “341 hearing” will likely turn out to be your only court appearance in your Chapter 7 case.  Here is good news: Chapter 7 hearings are fast, informal and not likely to result in any problems for you.  341 hearings in Chapter 7 are mandatory - if you fail to attend, the law says that you cannot receive a discharge.

341 hearings are almost always held in a large conference room around a large conference table, as opposed to a formal courtroom.  There is no judge present - only a Chapter 7 trustee.  Your Chapter 7 trustee is a lawyer who serves as a trustee part time - sometimes only 2 or 3 days a month.

We advise our clients to show up 45 minutes to an hour before their scheduled hearing time.  341 hearings are scheduled on the half hour - if you are late, you could miss your hearing.  If you are late or absent, we may be able to get a reset hearing date - however, if we have to make another appearance, we will ask you for additional fees.

Note that you will be sworn in, and that your testimony will be recorded on a tape recorder. 

Some Trustees ask only a few questions, others ask many. These are examples culled from actual hearings:

1. Do you swear to tell the truth?
2. State your name for the record
3. Do you have two separate forms of identification - one a picture ID and one with your Social Security number? 
4. Did you meet with your lawyer or someone in his office to furnish the information contained in your Bankruptcy Schedules?
5. Was this information true and correct then?
6. Is it true and correct now?
7. Are there any changes?
8. Does your case consist primarily of consumer debt or business debt?
9. Did you read and sign these papers before they were filed in Court. Have you read the Atlanta Bankruptcy Court Information sheet prepared by the U.S. Trustee prior to today’s hearing (this sheet is posted in the hearing room).
10. Do you own any property now?
• please identify
11. Have you owned any property within the last 5 years
• please identify
12. Has anyone in your family died within the last year or do you expect any inheritance within the next 12 months?
13. Do you pay child support?
14. Do you have any outstanding/unpaid child support obligations
15. How many people live in your house with you?
16. Do you have any pending claim for money damages such as a personal injury claim, or do you have the right to sue anyone?
17. If there are medical bills included in your petition, do they arise from an accident or injury that could give rise to a claim for money damages?
18. Have you made a balance transfer or cash advance within the past four months?
19. When was your last use of credit cards?
20. Are you planning on reaffirming any property? Are you planning on surrendering any property?
21. Have you ever filed bankruptcy before - if so, under what chapter and what was the date of the filing?

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