What is a Section 341 Meeting or Meeting of Creditors?
The Section 341 Meeting (so-called after §341 of the Bankruptcy Code), also called the Meeting of Creditors or Creditors’ Meeting, is a meeting that a debtor is required to attend after filing for bankruptcy. The meeting is conducted by the case trustee or the U.S. Trustee. The Bankruptcy Judge does not attend this meeting. The debtor must appear at this meeting and testify, under oath, about his/her financial condition, assets and liabilities. The debtor will be asked questions about the information contained in the bankruptcy paperwork filed with the court. Creditors may also attend this meeting and may question the debtor about his/her financial affairs. Generally, however, most of the questions originate from the case trustee. If a debtor fails to attend this required meeting, the case trustee may seek to dismiss the bankruptcy case. A debtor cannot receive a discharge in bankruptcy without attending this meeting unless a special exception is granted.
The Creditor’s Meeting is held between twenty (20) to forty (40) days after the bankruptcy case is commenced. Within a week after the bankruptcy case is filed, the debtor will receive notice by mail of the date and time of the Creditor’s Meeting. The debtor is required to bring certain identification information to this meeting.