Page 190 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

complaint if there is fraud or misrepresentation in the bankruptcy petition

itself.

Creditor’s 341 Meeting

To get through a bankruptcy, the JD has to meet with the trustee and any creditors
who want to question him or her. The setting is informal, like a classroom. The
trustee sits at a desk and takes each debtor one at a time.

At the 341 hearing, the Trustee:
➢ Swears the debtor in
➢ Asks them if their petition is correct

➢ Asks any questions he has about the petition for bankruptcy
➢ Asks any creditors to come forward and ask any questions if they have them

I’ve gone to a number of these 341 hearings and have managed to
get the bankruptcy dismissed a number of times. Not always.

The 341 Meeting is not the place to complain about what a crook the debtor is. I’ve
tried that, and it doesn’t work. It also made me look unprofessional. In most case you’ll
only have a short window of time to ask questions, The Trustee will want to get this over
with as soon as possible. So, ask your questions quickly. Showing up and asking your

questions probably won’t change anything unless you can come up with major
discrepancies in the debtor’s petition. Then the trustee will be interested.
Bankruptcy laws are complex, and in many cases, especially when starting out you may
need an attorney who specializes in bankruptcy. On my first big bankruptcy case, I found a
lawyer who would teach me as we went. Huge and terrific experience that I’ve used for
years.

But try not to be intimidated. If you feel a judgment is large enough and falls into one
of the categories of misdeeds, then read on and I’ll give you a brief overview.

Here are some of the debts that the bankruptcy codes says will NOT be discharged.
✓ A debt for fraud
✓ A debt for personal injury when alcohol or drugs were involved

✓ Child support or domestic support obligation
✓ Malicious injury to property
✓ Taxes
✓ School loans

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