The 341 Meeting of Creditors:         

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 call as set forth in the notice provided by the Bankruptcy Court.          

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 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, 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 to provide the proof of social security number, as this is one of the most common reasons the Debtors must return to an additional meeting.

The Trustee will place the Debtor under oath, and then conduct the meeting, which typically lasts less than 10 minutes.  She 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 a few 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 continued time is set, then attendance is required, unless excused in writing in advance 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 continued meeting.

Remote 341 Meetings of Creditors:   Please see: https://www.justice.gov/ust/moc

Kathleen V. Shoemaker, Chapter 7 Trustee, has implemented the following policies and procedures with respect to ALL Section 341(a) meetings of creditors in chapter 7 cases assigned to her.  

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.

Phone Etiquette Guidelines

The following phone etiquette guidelines will be required of all parties:

a. Mute the call/audio while your meeting is not being held.

b. Speak clearly.

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 call and wait for the Trustee to initiate the meeting.

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 appearance 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 seek dismissal of the case.

i. 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).

j. 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.