Weneta M.A. Kosmala

Chapter 7 Trustee

What is a "341a / Meeting of Creditors"?

The number 341(a) comes from the section of the Bankruptcy Code that requires that in each Chapter 7 bankruptcy case there must be a "meeting of creditors." At that Meeting, the Trustee and creditors may ask the Debtors questions concerning the Debtors' assets and debts.

DOES THIS HAPPEN IN FRONT OF A JUDGE?

No. In fact, the Bankruptcy Code prohibits the judge from attending the Meeting of Creditors. The Chapter 7 Trustee presides over the Meeting. It is not held in a courtroom.

WhERE IS IT HELD?

In Santa Ana, these Meetings are held at the Ronald Reagan Federal Building and Courthouse, 411 W. Fourth Street, Santa Ana, CA. Click here for directions.  The meeting room is on the 3rd floor, just before the Snack Bar.

HOW DO I FIND OUT WHEN A Meeting IS SCHEDULED?

The date and time of the Meeting will appear on the sticker placed on the Voluntary Petition at the time of filing. About a week after the filing, the Clerk's Office will send out a notice to everyone listed in the bankruptcy, providing them the Meeting information. The Meeting information can also be obtained from the Clerk's Office.

What is THE Meeting LIKE?

In Santa Ana, the Clerk's Office sets about 20 cases per hour for Meeting. As you can imagine, that does not leave much time for extended discussion. Therefore, the Trustee must rely heavily on the Debtor's bankruptcy papers for information. Since the Debtor signed the papers under oath and under penalty of perjury, they are just like sworn testimony in Court. The Trustee will swear in the Debtor, and will ask whatever questions appear appropriate. Then, the Trustee will give any interested creditors an opportunity to ask questions.

HOW MUCH TIME WILL THE Meeting TAKE?

That depends upon many variables: where your case is on the calendar (remember, there are about 20 cases set per hour), how smoothly the cases before yours go, and what questions the Trustee may have about your case. The Trustee tries to finish all cases on calendar for a particular time within an hour, but you should count on at least two hours, to be safe.

WHAT SHOULD I DO TO PREPARE FOR THE Meeting?

You should review all of your bankruptcy papers very carefully, and make sure that all of the information is accurate.

What iF i FIND ERRORS OR OMISSIONS IN MY BANKRUPTCY PAPERS?

If you have an attorney, you should contact that attorney immediately, and ask that he/she prepare an amendment to your papers to correct the information. If you do not have an attorney, you may access an amendment form in "pdf" format by clicking here, or you may obtain one from the Clerk's Office. Fill it out and file it. There will be a fee. The sooner you fix the problem, the better. At the time of the Meeting, the Trustee will ask you to fill out a form confirming that all of the information in the bankruptcy papers is correct. Make sure you let the Trustee know at the Meeting if there are any changes.

What SHOULD i BRING TO THE Meeting?

You must present a photo ID (driver's license, passport, military ID) AND a Social Security card, as the Trustee must confirm your Social Security number. Bring any other documents requested by the Trustee.

What happens after the Meeting?

If the Trustee tells you that she has no further questions, and does not continue the matter, your Meeting is concluded, and you do not need to return. If the Trustee needs further documents or information, she may ask for that information and continue the Meeting to another day. You must return on that day, unless the Trustee excuses you. For information concerning what happens next, see our FAQ page.

On Our Site

• Trustee Home Page

• Contacting the Trustee

• Frequently Asked Questions

• The Trustee Meeting (341a)

• Trustee Sales

• For Creditors

• Law Firm Home Page

Around the Internet

• Local Bankruptcy Court

• Local United States Trustee

• List of Chapter 7 Trustees

• OCBA Lawyer Referral & Information Service

• Enjoined Petition Preparer List