If you are filing for a Chapter 7 Bankruptcy and you have no substantial assets such as real estate, expensive jewelry, an antique collection, and so forth, you will not have to appear in front of a judge. Unless a creditor objects to a particular debt or your discharge, you generally will only have to appear before a Chapter 7 trustee. The trustee is not a judge. The trustee is a lawyer appointed by the court to administer your case and liquidate assets, if any, to pay off creditors. This meeting with the trustee is called a 341 Creditors’ Meeting, and takes place at the courthouse. During the 341 meeting, the trustee will typically ask why you are filing for bankruptcy, whether all information stated in your schedules is truthful and correct, and may seek to clarify any questions he may have. The trustee is primarily concerned with making sure that you have listed all your assets and debts in your bankruptcy schedules and answered all questions truthfully. Remember, a trustee’s job is to determine if you qualify for bankruptcy, and if so, to determine if there any assets that can be sold to satisfy unsecured creditors. At the Chapter 7 creditor’s meeting, make sure to testify truthfully as you will be under oath and all questions and answers will be recorded. The trustee will require that you produce a state-issued ID and your social security card to verify your identity. If you are unable to produce both of the mentioned items, your 341 creditor meeting will be rescheduled.
It is always recommended that anyone considering filing for bankruptcy retain a bankruptcy lawyer who will advise you and prepare you for the meeting. Although you may not have to appear in front of a judge in your Chapter 7 proceeding, a trustee is very powerful figure in your case as he has the absolute power to deny you a discharge.