The Meeting of Creditors

The Meeting of Creditors

The Meeting of Creditors is usually scheduled between 20 and 40 days after the case is filed. When the court issues the Notice of Commencement of Case (click here for a sample notice) it will include information about the date, time and place for the meeting.

Unfortunately, you are not given a choice of times or dates. Bankruptcy law requires that a meeting be held. Therefore, it is almost impossible to obtain a discharge in a bankruptcy case without attending the meeting. Nevertheless, sometimes, a debtor may find that she has a conflict. Although the meeting of creditors is a serious part of the bankruptcy process, Debtors may have to be out of town, become ill, or have important responsibilities that they cannot postpone.

Rescheduling the Meeting of Creditors

Attendance is required and requests for rescheduled meetings should not be made unless absolutely necessary. If circumstances arise which prevent your appearance at the meeting, please contact the Chapter 7 Trustee’s office whose name and telephone number appear on your meeting notice. Failure to appear at the rescheduled meeting may result in the dismissal of your case.

See the following links for information on where your 341 Creditor Meeting will take place:

https://www.nywb.uscourts.gov/meeting-creditors-locations

https://www.justice.gov/ust-regions-r02/region-2-section-341-meetings-5

Please note that in response to the COVID-19 pandemic, Chapter 7 trustees will be convening Section 341 Meetings of Creditors remotely, either by telephone or by video conference (depending on the trustee to whom the case is assigned). Consult your 341 Notice to confirm which trustee has been assigned to your case. The U.S. Trustee’s office has established a procedure for verifying identification pursuant to Federal Rules. A copy of the notice is attached here.

Please see the U.S. Trustee’s website for up-to-date information on Meetings of Creditors (341 meetings.)

This video may help you familiarize yourself with the 341 meeting:

Disclaimer: This video is from Upsolve.org. The content is intended for educational and informational purposes only.