Upon first arriving for their 341 meetings of creditors, debtors usually are looking for some guidance. Depending on the location a debtor will either be required to check in (such is the case in Lake County) or simply take a seat in the designated waiting area (such is the case in Cook County). In both instances, there is at least one sheet of paper a debtor must review before entering the meeting with their respective Trustee. Additionally, a debtor shall not enter the Trustee's room until their name is called.
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Most debtors are hesitant to ask questions that may be important to their case. Appearing nervous debtors seem to think a Trustee has the ability to discipline them on that date, but should be far more concerned with neglecting to inform their attorney's of any important changes regarding their place of domicile, potential assets or income and expenses. Our attorneys make sure to point out to debtors that a copy of the petition the trustee is basing his questions off of is included in the folder they are handed upon meeting with one of us. This is important because the petition can often be used as a reference and help cope with any anxiety a debtor has when answering the trustee's questions. Our attorneys should be conscious of the fact that debtors are intimidated and anxious prior to entering the 341 meeting and act accordingly. It is important to make the client feel relaxed and explain to them the types of questions the trustee is likely to ask. Once they find out the questions will be similar to that of our initial consultation debtors seem to be at ease with the process, but in situations where a debtor is losing a home or car it can be very trying and emotional so our attorneys should try to give whatever support they can.
In most instances, the meeting lasts about 10 minutes and the Trustee is simply verifying that everything in the petition is accurate and the debtor has brought proper proof of identity and social security number. Additionally, the trustee may inquire as to whether any changes have taken place since filing the petition. If there are assets to administer the trustee will address them, but this is rare for the purposes of our clientele. At the conclusion of the meeting the debtor will be awaiting their discharge provided there is nothing left for them to complete. Instances where a debtor still needs to do something include completing the Personal Financial Management Course and signing a Reaffirmation agreement.
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