Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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341 Hearing

Meeting of Creditors

Bankruptcy Lawyer Port St. Lucie FL

I wanted to take a brief moment to explain how I work with my Bankruptcy clients.  I am a hands-on Bankruptcy Lawyer.  Anyone filing for Bankruptcy doesn’t normally consider it a routine occurrance.  The decision to file for Bankruptcy is usually fraught with hesitation, fear, and anxiety.  I know and understand this.  I want to make sure that when you file you are properly prepared and will go over the procedure with you.  Both my paralegal and I make ourselves available to answer your questions.  Filing for Bankruptcy and finding the right bankruptcy lawyer in Port St. Lucie Fl, does not have to be difficult.  Call my office and set-up a free consultation.

Below I discuss what a 341 Meeting of the creditors is and what is done.  It can be one of the most emotionally trying events in filing for bankruptcy.  I review the process with you before you go to make sure you understand the process.  If you need a Bankruptcy Lawyer in Port St. Lucie FL, please give me a call.

The Meeting of Creditors,  Chapter 7 Bankruptcy:  Stuart, Port St. Lucie, and Jupiter Florida

When filing for a Chapter 7 Bankruptcy, there is a meeting of creditors or the 341 hearing.  The meeting of creditors meeting is administered by the trustee.  The Trustee is assigned to you case when filed.  The Trustee reviews your petition and  schedules to make sure the information is accurate, truthful and complete.  The Trustee is attempting to recover any nonexempt property which can be liquidated, if necessary, and used to repay the creditors.  This is quite an involved process.

The petition and schedules are submitted the day you sign them in my office and are submitted electronically to the U.S. Southern District Bankruptcy Court of Florida.  At that time, they are assigned a Judge, a Trustee, and a date and time for the 341 hearing.

The 341 hearing is scheduled automatically 20 to 40 days after the date of filing and the petitioner (you) must show up at the hearing and you will need to bring a means of identification and a verification of your Social Security Number.  I cannot stress this enough.  It is very important to bring your Driver’s License and Social Security card.  If you do not have a Social Security card, it would be prudent to apply for a replacement before you see me for the initial consultation.  If you do not have these documents to present, the trustee will not conduct the meeting.  I have had clients attempt to substitute other documentation other than what the Trustee will accept and have had the meeting cancelled.

As mentioned previously, the meeting of creditors is administered by the Trustee not a Judge.  In order to make sure you are on time, please arrive at least 15 minutes early.  Currently, the meetings for petitioners filing for Chapter 7 Bankruptcy from Port St. Lucie FL are held at 1515 N. Flagler Dr., Room 870, in West Palm Beach, FL.  There is free valet parking when you pull into the building.  Take the elevator to the 8th floor and room 870 is denoted by a sign that says Trustee Waiting Room.  When you get in the room there is a short questionnaire you need to fill out and bankruptcy information paperwork posted on the wall by the door that you must read (I provide you with a copy when you first come in as part of your bankruptcy paperwork package).

Each trustee has different requirements regarding what paperwork they would like updated.  We will let you know what is needed.  Generally, I bring the entire file with me to the 341 Hearing.  However, there may be some last minute paperwork you will need to provide the Trustee (Bank statements or pay stubs you did not give to us and which were not uploaded to the trustee).   We upload all supporting paperwork prior to the 341 Hearing which gives the Trustee and opportunity to thoroughly review your file prior to conducting the meeting.

There may be other creditors represented at the 341 Hearing, but, generally, this is not the case.  Usually the only person asking questions in a Chapter 7 Bankruptcy is the trustee.  I go over what is expected of you prior to the 341 Hearing.  Because this meeting/hearing is usually the only formal proceeding in which you will discuss your case with anyone, clients are always very nervous, which is okay.  It will be okay.

Depending on the Trustee, the complexity of your financial situation, and how complete and accurate your petition and schedules are, the meeting usually does not last more than 15 minutes and can be shorter.  We go over your information with you so thoroughly that when we get to the hearing it should go smoothly.  You will know what assets cannot be exempted and the status of your filing.  It still may not alliviate your angst, but at least you will know your are thoroughly prepared.

When the 341 Hearing(Meeting of Creditors) begins, the trustee will swear you in.  The trustee may have an assistant present.  Usually, the trustee will have a monitor, which will have the schedules filed with the court available for the Trustee’s review.  The Trustee will ask you many questions about your financial affairs, whether you have read and reviewed the petition and schedules prepared by your attorney and are they true and accurate, what real estate you owned or transferred recently, whether you had previously file for bankruptcy and when, when was the last time you paid creditor and how much, valuations of property, etc…There can be many issues that come up, especially if you own a business.

If there are any issues which require additional documentation or clarification, this is usually handled outside the 341 Hearing.  If there is any nonexempt property which the trustee would like to claim, arrangements can be made there or after the meeting.

There may be other issues which could arise as a result of improper documentation and some of these issues could be severe.  Therefore, it is important to be honest.  Do not lie to me or the Trustee.  Bankruptcy Fraud is no joke.

Finding the right bankruptcy lawyer in Port St. Lucie is not as difficult as you think.  I am very familiar with the market and the impact and devastation the “Great Recession” has had on our community.  I know this first hand.  I have seen my home tumble to less than half the amount we borrowed.  I want you to know I will work with you to get you through your financial crisis.  If you were looking for a bankruptcy lawyer in Port St. Lucie FL, look no further.

If you are facing a difficult financial situation and live in Stuart, Port St. Lucie, or Jupiter FL, and need a Bankruptcy Lawyer, please give my office a call to schedule a free appointment.