- Section 341(a) Meeting Of Creditors: What Is It And Who Must Attend?
- A) Purpose of Section 341(a) Meeting - Soon after a bankruptcy case is filed, a meeting is held so that creditors and the trustee can ask questions about the debtor’s financial situation. This meeting is required by Bankruptcy Code section 341(a) and the meeting is presided over by either the trustee assigned to the case and/or a representative of the U.S. Trustee’s Office.
- B) Required Attendance – A debtor who is an individual must attend the section 341(a). If a debtor is a corporation or partnership, the debtor’s attorney and the debtor designee for the business must attend the meeting. If a debtor does not attend the section 341(a) Meeting, the bankruptcy case may be dismissed.
- C) Time, Location - The Clerk’s Office mails a notice of the date, time, and location of the section 341(a) Meeting to the debtor and to all creditors whose mailing addresses were listed in the bankruptcy petition package. The notice is titled “Notice of Chapter 7/11/12/13 Bankruptcy Case, Meeting of Creditors, Deadlines.”
- All section 341 meetings of creditors are held by Zoom for chapter 7, 12, and 13 cases and telephonically for chapter 11. Debtors, counsel, creditors, and parties in interest should not appear in person.
- For more information, including instructions for joining a Zoom meeting with troubleshooting tips, what documents to provide to the trustee prior to the meeting, a list of acceptable ID documents, the Best Practices for attending a Zoom meeting, the bankruptcy information sheet, and links to local district websites, use this link.
Text Size: