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What is a 341(a) Meeting of Creditors?

Answer: 

The Meeting of Creditors, also known as the 341 Meeting, is usually conducted 20 to 40 days after case filing. Debtors must attend. If the case involves spouses filing jointly, both spouses must appear. In chapter 7, 12, and 13 cases, the trustee assigned to the case conducts the meeting. In chapter 11 cases, a representative of the United States Trustee's Office conducts the meeting.

The 341 Meeting permits the trustee or the representative of the U.S. Trustee to review the debtor's petition and schedules with the debtor. The debtor is required to answer questions under penalty of perjury (swearing or affirming to tell the truth) about the debtor's conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case, or the debtor's right to discharge. In addition, the trustee or U.S. Trustee's representative will ask questions to ensure that the debtor understands the bankruptcy process.

The 341 Meeting is referred to as a meeting of creditors because creditors are notified that they may attend, and ask the debtor questions pertaining to assets or any other matter pertinent to the administration of the case. It is sometimes referred to as a 341 Meeting because it is mandated by Section 341 of the Bankruptcy Code. Creditors are not required to attend these meetings, and do not waive any rights if they do not attend. The meeting usually lasts ten to fifteen minutes, and may be continued if the trustee or U.S. Trustee's representative is not satisfied with the information presented.

If the debtor fails to appear and provide the information requested, the trustee or U.S. Trustee's representative may request that the case be dismissed, or may seek other relief against the debtor for failure to cooperate.