Chapter 13 - 341 Hearing

This is the hearing we have discussed. The 341 hearings are held in Columbia or Spartanburg. Most are held at the Strom Thurmond Building in Columbia. I will give you directions at the time we file your bankruptcy. Please contact my office if you need another copy of the directions before your hearing.

Most hearings will take one to two minutes. I have discussed the questions the trustee will most likely be asked. The trustee is free to ask other questions, but he/she seldom does. Creditors have the right to attend and ask relevant questions, but few actually show up. Ex-spouses give me the most trouble at the 341 hearings. If you see an ex-spouse show up, please let me know before the hearing.

Your driver’s license and social security card will be to give to the trustee prior to your hearing. The trustee will not start the hearing until those two documents are presented to prove your identity. If you can not provide those documents the trustee will make us leave and return on a different day. If you are at the Strom Thurmond Building in Columbia and realize you forgot your social security card, you can go to the Social Security Administration on the 11th floor and get proof of your social security number. This can be time consuming. Sometimes the Trustee will allow a W-2 or 1099 with your social security number or a voter’s registration card that has your social security number on it.

Some Trustees require additional items to be brought to the hearing. Joy Goodwin requires additional paystubs and a bank statement showing the balance of your account on the day you file the case.

341 Notes

After the 341 hearing, the Trustee will give me paperwork requesting documents or information the trustee still needs to confirm the case. Sometimes amendments to the schedules or plan are required. I will take the 341 Notes back to the office and clear all requested information I can before contacting you. Carrie Sistare will send you a letter requesting information from you. We have 10 days to get these matters resolved. The 341 Notes have to be completed before your case can be confirmed. If you have not completed the 341 Notes prior to the Confirmation Hearing, you will be required to attend the Confirmation Hearing and either provide the information requested or explain to the judge why the information can not be provided.

Confirmation Hearing

The next step in the process is a Confirmation Hearing. For those of you who had 341 Notes requiring additional information, your case will not go to the confirmation hearing stage unless you have assisted me in completing all actions outlined in your 341 Notes. Some cases are not confirmable this early in the process for reasons that no one has any control over. Some cases require an objection to a claim made by a creditor or some other action to get confirmed.

After Your Bankruptcy Is Confirmed

Once the case is confirmed, you will be required to continue to make the plan payments for the length of time required by the plan.

If you need to purchase, modify, or refinance a vehicle or house or take out a student loan for yourself or a dependent call my office for instructions at (803) 327-5300.

If you see that you will be unable to make your trustee payment call my office for a moratorium of plan payments at (803) 327-5300.

If you see you will be unable to make your mortgage payment, call my office for instructions of how to handle the situation and what we can do if you fall behind several months.

Do not forget to call my office if you have questions or concerns about your financial situation.