What happens if I don't go to my bankruptcy hearing?

One of the most important bankruptcy mistakes to avoid is not attending your 341 meeting. If you fail to attend the 341 meeting, commonly known as the meeting of the creditors, your case is dismissed—automatically. Thus, there are no second chances or rescheduling. This means no automatic stay.

You see, when you file bankruptcy, you case isn’t confirmed (approved) or dismissed (denied). The next step in the bankruptcy process is the meeting of the creditors. This is where you and your lawyer meet with the bankruptcy trustee over your case. Although your creditors are invited, they don’t have to attend the meeting. However, if the creditors do attend, they may challenge your case or just ask you some questions.

Typically, the meeting takes a few minutes. Before the meeting begins—usually conducted in an office—you’re sworn in. The bankruptcy trustee looks over your bankruptcy petition. Then the trustee asks you some questions about debt, creditors and assets.

There are some general outcomes of the meeting of creditors. For example, the bankruptcy trustee may agree that the bankruptcy case be confirmed. However, the trustee may reschedule the meeting for a later date. Usually this happens for a specific reason such as additional paperwork or you need a legal representation. The worst outcome is for the bankruptcy trustee may petition the bankruptcy court to dismiss the case. This will definitely happen when you miss the meeting.

Filing bankruptcy is a personal bankruptcy is complicated. Thus, it’s important to consult a lawyer about your bankruptcy options.