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Will I have to go to Court? (What is a section 341 hearing a/k/a a Meetings of creditors?)

In a typical Chapter 7 or 13 case the debtor will be required to attend one hearing. The Hearing is known as a "section 341" hearing or a "meetings of creditors" because is required under 11 U.S.C. 341 (a part of the Federal Bankruptcy Law) and because it is your creditors' official opportunity to question you about your situation. While the 341 hearing may be held in a courthouse, it is not a trip to court in the traditional sense. Specifically, there is no judge presiding over the hearing. Rather, a "Trustee" holds the hearing, and he is the lawyer for your creditors (see my FAQ on Who is the Trustee). The creditors have the right to appear and ask questions, but in nearly all cases, they stay away and rely on the Trustee. At the hearing you will be sworn in and recorded, and I will accompany you. The trustee will ask you questions about the information you have provided about your financial situation. I will have explained to you the nature of the questions you should expect, and any potential problems. In a smaller percentage of cases, there are legal complications that do result in an appearance before a judge, but these are relatively rare, and I will tell you well in advance that there are complications that might require courtroom proceedings.

Attorney Paul B. Sherr serves clients in the following areas:
 

New York: Albany, Troy, Rensselaer, Saratoga Springs, Clifton Park, Schenectady, Hudson, Glen Falls, Washington County, Schoharie County, and Greene County.

 

Massachusetts: Berkshire County, including Pittsfield, Dalton, Washington, Otis, Becket, Hinsdale, Richmond, Lenox, Lee, Stockbridge, West Stockbridge, Great Barrington, Alford, Sheffield, Tyringham, Monterey, Egremont, Cheshire, Adams, North Adams, Hancock, Williamstown, and Lanesboro.

 
 
 
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We hired Attorney Sherr for litigation with great results. His work is outstanding and to this day, he is my business attorney.
With my sincere thanks,
- - Mary A Busch
 

Dear Paul, I just want to take a few moments to express my gratitude for all the support and expertise you provided me in a situation I was certain had no solution. You were wonderful Paul. Thank you for my peace of mind.
- - Rose M.

 

I recently enlisted his help in a home owners insurance claim issue. He was very quick to get to the heart of the matter and had it settled in a very timely manner.
- - George and Carol Karlewicz

 

I needed advice about a financial problem, and I needed advice about bankruptcy. Attorney Sherr is accountable, thorough, and down to earth. I recommend him without hesitation.
- - N. Lowe

 
Paul Sherr made a difficult situation easy and understandable. I highly recommend his services. He took care of my case is a quick and efficient manner, while being generous with his time and fair with his fees.
- - Kathryn Levin
 
 
149 Main Street
Ravena, New York 12143
Phone: 518-533-5982
Fax: 312-253-1173

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