Section 341 Meeting of Creditors
See Rule 4002 - Duties of a Debtor
When a chapter 7 or 13 bankruptcy case is filed with a list of creditors on disk or CD, a chapter trustee will immediately be appointed and a meeting of creditors or a Section 341 meeting will be scheduled. If you file at the counter, you will receive a paper with the case number, the name of your trustee and the time and date of the meeting of creditors. If you file by mail, this information will be forwarded to you.
The Section 341 meetings are NOT held or conducted by the Bankruptcy Judge. The Case Trustee will preside over this meeting; the Section 341 Meeting Notice will have the address as well as the date and time for the Meeting of Creditors.
For more information see Rule 4002-1.
What is a Section 341 Meeting of Creditors?
The Section 341 Meeting, also called the First Meeting of Creditors, is a meeting that a debtor is required to attend after filing bankruptcy. If a husband and wife filed a joint petition, they both must appear. The meeting is conducted by the Case Trustee or the U.S. Trustee. The debtor must appear at this meeting and testify, under oath, about his financial condition, assets and debts. The debtor will be asked about the information he has typed on his bankruptcy paperwork. Creditors may also attend this meeting and question the debtor, although the meeting is directed by the assigned Case Trustee. If a debtor fails to attend the meeting, his bankruptcy case may be dismissed. The trustee may continue this meeting if additional information is required, or for other circumstances.
The trustee represents the best interest of the creditors of the bankruptcy estate, and does not represent the debtor or any other party in the case. The trustee will administer assets, if any, in the estate and make a distribution to creditors. The Section 341 Meeting is held 20 to 40 days after the bankruptcy case is filed, and the debtor will receive notice by mail of the date and time of the meeting. The debtor must bring two (2) forms of proof of identification. Individual debtors must provide picture identification and proof of social security number to the trustee at the meeting of creditors. These documents should be originals, not copies! Acceptable forms of picture identification include:
- driver’s license
- government, state, student or military ID
- US passport
- resident alien card
Acceptable forms of proof of social security number include:
- social security card
- medical insurance card
- pay stub, W-2 form, IRS form 1099
- social security administration form
In addition, you must provide the trustee with a copy of your most recent tax return at least one week prior to the date of your 341 meeting and provide the trustee with copies of all documents the trustee may request from you prior to the meeting. Click here for a complete list of procedural requirements.
What if I am unable to attend the creditor's meeting on the day scheduled?
If you are unable to attend the Section 341 Meeting on the day it is scheduled and you are a Chapter 11 debtor, you must contact the U.S. Trustee's Office. Chapter 7 and 13 debtors must contact the trustee assigned to their case as soon as possible and request the matter be continued. The trustee’s name and contact information may be found on the Section 341 Meeting notice.
The Bankruptcy Clerk’s office cannot authorize requests to continue the Section 341 Meeting, or hold the Section 341 Meeting telephonically. Any questions about this meeting must be directed to the U.S. Trustee's Office or to the Case Trustee.