The 341 Meeting
Please note that debtors (those filing bankruptcy) are required to appear at the 341 meeting of creditors set on the day, time and by remote login as set forth in the notice provided by the bankruptcy ourt.
Creditors (those who may be owed money by the debtor) are not required to attend the meeting, but may attend if interested. The claim of any creditor is unaffected by their attendance or lack of attendance.
A debtor must appear and testify at a meeting of creditors. If the debtor is unable to attend on the date scheduled, a debtor may be able to reschedule the meeting. Bankruptcy judges are not in attendance at this meeting. Meetings are conducted remotely.
At the meeting, the trustee will call the name of the case (the debtor's last name) and ask the debtor, the debtor's attorney, and any attending creditors to join in the session. The trustee will identify the debtor's photo identification and original proof of social security number. Note that the trustee cannot accept tax returns for this purpose. Acceptable proof of social security number includes: social security card, medical insurance card, pay stub, W-2 form, IRS form 1099, and Social Security Administration report. Keep in mind that many documents no longer contain the entire social security number; the document presented must contain the full number and be legible (without any numbers redrawn or covered with ink). It is important to remember proof of social security number, as this is one of the most common reasons the debtors must return to see the trustee.
The trustee will place the debtor under oath, and then conduct the meeting, which typically lasts less than 10 minutes. He will ask questions of the debtor regarding the debtor's financial affairs and property. After the trustee is done questioning the debtor, any creditors in attendance will be given an opportunity to ask questions. It is important that everyone speak loudly and clearly, as the meeting is being recorded.
It is especially important that the debtor hear and understand all questions asked by the trustee (and any creditors), since the debtor is under oath, and false answers have consequences.
At the end of the meeting, the trustee will inform the debtor and debtor's attorney whether the meeting is concluded (meaning the debtor need not reappear for the trustee; but that does not mean the case is closed) or continued to another date.
Typically a case is continued to another date so that the debtor and debtor's attorney can provide additional documents to the trustee. If the trustee requests documents at this meeting, upload them through Trustee Collaborative and then email the trustee advising of compliance to ensure prompt review.
If the adjourned time is set, then attendance is required, unless excused in writing by the trustee. If the documents are provided timely and if the documents address all of the trustee's questions, the trustee will typically excuse the debtor from attendance at the adjourned meeting.
Remote 341 Meetings of Creditors: Please see: https://www.justice.gov/ust/moc
Russ Garrett, United States Bankruptcy Trustee, has implemented the following policies and procedures with respect to ALL Section 341(a) meetings of creditors in chapter 7 cases assigned to him.
All initial 341 meetings will be conducted remotely by telephone, and later by Zoom video/teleconferencing. Continued or follow-up meetings may be scheduled for in person meetings but most are conducted by remote means.
If the U.S. Trustee or case trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or protection of estate property, the U.S. Trustee may approve the continuation of the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance.
Creditors wishing to participate may obtain access to the connection details by checking the docket for participation information, by contacting the trustee or by contacting counsel for the debtor. Creditors should email the trustee of their plan to attend so that the Trustee can locate them in the meeting room when the meeting for that case is commenced.
Debtors and their counsel as well as any creditors or interested parties wishing to appear at a 341 meeting should make plans to appear remotely by video conference / telephone.
Counsel may request debtors appear at their offices, at their own discretion.
Counsel are encouraged to familiarize themselves and their clients with Zoom as the 341 meetings will be conducted by Zoom beginning in late Spring 2024 - https://zoom.us/
THE FOLLOWING WILL APPLY ONCE 341 MEETINGS ARE CONVERTED FROM PHONE TO ZOOM.
Zoom email invitation and guidelines
The Zoom invitation will provide information about how to access the meeting using multiple options: link or call-in number and access code.
When asked for the participant number, if you input the last four-five numbers of the case number, it will make it easier for the trustee to determine which participants to invite into the meeting from the virtual waiting room.
Debtor Identification Procedures Through Remote Meetings
Verification of ID / SSN
For cases where the debtor is appearing by video:
(i) The debtor's photo ID and proof of SSN must be provided no later than 7 days prior to the remote meeting date so that I can access and examine them.
(ii) I will confirm review of the ID and proof of SSN on the record.
For cases where the debtor is represented and the debtor is appearing by audio but not video (e.g. telephone), the attorney should:
(i) Be in audio contact with the debtor(s) during the meeting, via Zoom dial in.
(ii) confirm with the debtor that counsel has reviewed proof of the debtor’s valid ID (stating what the ID is, e.g. Valid Driver’s License), the name on the ID matches the name on the petition (if it doesn’t, the debtor will need to testify an explain, e.g. married name has changed, etc.), based thereon, the debtor testifying is the person whose name is on the petition as the debtor;
(iii) confirm on the record that counsel reviewed proof of the debtor’s SSN (stating what was used to verify the SSN, e.g. original social security card) and that it matches what was reported to the court in this bankruptcy case.
(iv) transmit to the trustee a completed Counsel Declaration Confirming Debtor Identity and SS No. -see forms page on this site.
Counsel will be responsible for working out the logistics.
For cases where a debtor does not have an attorney or the attorney does not have visual contact with the debtor:
(i) The debtor shall copy, scan, or take a picture of their valid ID and proof of SSN and mail / email / send the docs to me before the 341 meeting. I will review the ID / / proof of SSN prior to the meeting.
(ii) During the meeting, the debtor should confirm on the record that they sent me a copy of their valid ID and proof of their SSN. I will then confirm on the record that I reviewed the Debtor’s ID (stating what the ID is, e.g. Valid Diver’s License) and that the ID they sent matches the name on the petition, and that I have verified the debtor’s SSN (stating what was used to verify the SSN, e.g. original social security card) and that it matches what was reported on the debtor’s statement of SSN.
(iii) Once the debtor’s identity / SSN have been verified on the record, I will destroy the documents so as not to unnecessarily store personally identifiable information, unless there are potential identity issues, e.g. identity theft, false SSN, etc.
(iv) alternatively, transmit to the trustee a completed Declaration Confirming Debtor Identity and SS No. -see forms page on this site.
If I am not able to confirm ID or SSN, I will continue the meeting so I can do so at the continued meeting. I may verify the ID / SSN prior to the continued meeting and excuse the debtor’s appearance, but make a record of such at the continued meeting.
Video/Phone Etiquette Guidelines
The following video/phone etiquette guidelines will be required of all parties:
a. Mute the call/audio while your meeting is not being held.
b. Speak clearly and hold the camera steady.
c. Limit all background noise while your meeting is being held.
d. No speaker phone unless two or more persons are appearing on the same line, i.e., debtor and counsel or joint-filing debtors.
e. Participants will join the remote video session in the virtual waiting room and will be invited into the meeting room when the case is called.
f. Debtors and counsel are to be at a set location, and not in transit, so that full attention can be given to the questions being asked. High speed internet access is recommended.
g. Only debtors and their counsel as well as creditors or interested parties will be allowed on the connection, i.e., no “moral support” or supplementary answers to be provided by friends or family.
h. Any telephonic or video appearances by debtors without their counsel also present on the conference / call at the appointed time will result in a continuance. After two failed attempts, the trustee will ask for a show cause hearing seeking dismissal of the case.
i. Attorney for the debtor(s) must share their invitation information for participation in the video or teleconferencing 341 meeting with debtors and any creditors wishing to participate in the meeting.
j. Debtors must bring to the remote video meeting picture identification and an original document containing their complete Social Security Number.
k. Debtors must have available to them at the remote meeting site, copies of signature pages and the entire copies of the Voluntary Petition, Declaration of Schedules, Statement of Financial Affairs, and Form 22A (Means Test Form).
l. Please provide the Debtor(s) with the Bankruptcy Information Sheet and make sure they read it before the meeting. You can download it in English and many other languages here: https://www.justice.gov/ust/bankruptcy-information-sheet-0
Notice to Creditors
These policies and procedures do not otherwise affect a debtor’s requirement to submit and provide all other necessary documents to the Court and to the Trustee. Also, please check back often as these procedures will continue to change due to the dynamics of the circumstances.