Procedure for Continuance of 341 Meeting of Creditors

The Trustee only grants continuances in those cases where there is a medical emergency, illness, or death. Requests for a continuance should be sent to the Trustee with an explanation for the request as soon as possible before the Secton 341 Meeting of Creditors.

Section 341 Meetings of Creditors will not be automatically rescheduled for debtors who fail to attend their first scheduled meeting. If a debtor will be unable to attend the first scheduled Section 341 Meeting of Creditors, debtor’s counsel must submit a Meeting of Creditors (11 U.S.C. Section 341) Continuance Request  to the case trustee at least eight (8) days prior to the meeting date.  

Debtor’s counsel must also submit to the trustee a photocopy of an executed consent motion to extend the time for all parties in interest to file complaints objecting to the discharge of the debtor(s) for a period of 60 days after the entry of the consent order (the “Consent Motion”).  Unless directed otherwise by the trustee, debtor(s) counsel/pro se debtor(s) shall file said motion with the Bankruptcy Court immediately upon the trustee’s granting of a continuance request, and shall serve a copy of the Consent Motion on all parties in interest. 

A request for a continuance received less than eight (8) days prior to the scheduled meeting date will not be considered absent emergency circumstances. If the trustee determines that a continuance of the meeting is warranted, debtor’s counsel will be responsible for providing notice of the continued meeting date and time to all creditors, the trustee, the U.S. Trustee, and for filing a certificate of service for the notice of continuance with the court.

As a practical matter,  the Trustee usually continues the meeting for his next date. You can check your case docket for the continued date.

If the Debtor misses the first meeting, the Trustee may notify the Office of the United States Trustee which may in turn file a Motion to Dismiss with the Bankruptcy Court.  

MANDATORY APPEARANCE. The Debtor shall appear and submit to examination under oath at the Meeting of Creditors under 11 U.S.C. Section 341, pursuant to 11 U.S.C. ?343.  On December 1, 2011, amendments to Federal Rules of Bankruptcy Procedure, Rule 2003(e) became effective.  The Rule, as amended, requires that the trustee file a statement on the docket upon the adjournment or continuance of a 341(a) Meeting of Creditors.  According to the advisory note to this rule amendment, the new requirement is intended “to provide notice to parties in interest not present at the initial meeting  of the date and time to which the meeting has been continued.”  The docketed statement is intended to serve as notice of  the adjournment but  no service of the notice is being made by the court or trustee via CM/ECF or any other means.

EMAIL TRUSTEE. If a continuance of the Meeting of Creditors is needed for any reason, the Debtor’s Attorney or Pro Se Debtor shall notify the Bankruptcy Trustee in writing by email to the Trustee, as promptly as possible, in which case the Debtor’s personal appearance may be continued to a later date, but not excused, in the discretion of the Trustee.  Any emails sent to the Trustee should be addressed to include the following information on the subject line.  Case number-Debtor’s Last Name-341a Documents-341 Meeting Date  (Example: 00-12345 Smith-341a Documents-7-01-09)  The email sent to the Trustee shall provide information regarding the Debtor’s circumstances, the exigency and severity of the Debtor’s problems, for how long these problems are expected to persist. Supporting documentation (military orders, doctor’s note, etc.) should be provided with the letter.

NOTICE OF CONTINUANCE. As soon as the Trustee makes a decision regarding the request for a continuance in a Chapter 7 case, the attorney or pro se debtor making the request will be notified. Should the request be granted, the debtor or debtor's counsel will promptly prepare and file with the Court a Notice of Continuance of that Debtor’s Section 341 meeting. The Notice of Continuance shall be served on all creditors and parties in interest  by the debtor’s counsel, and a certificate of service filed with the court.

DEADLINES.  If a continuance seeks a later date that is more than ten days before the expiration of the deadlines to object to the debtor's discharge, then the debtor must also prepare a stipulation and motion to extend the deadlines. 

FAILURE TO APPEAR. Failure to attend the Section 341 meeting without the prior agreement of the Trustee may result in the filing of a Motion to Dismiss the case by the Trustee or the US Trustee.

WAIVER.  Motions to waive attendance are rare.  Any motion to waive the appearance of a debtor shall be filed with the court and state with particularity the reasons for the waiver and include a statement that the United States Trustee and the chapter 7 trustee have been contacted and whether the United States Trustee or chapter 7 case trustee has an objection to the waiver.  In addition to the motion, the debtor must provide to the trustee, a copy of the debtor’s identification documents along with a notarized affidavit attesting to the authenticity of the copied documents and the identity of the debtor.  The party filing a motion to waive the appearance of a debtor must serve copies on the case trustee, United States Trustee, and any party that filed a notice of appearance.