The debtor must attend this meeting.
- After the debtor files for bankruptcy, the debtor and all creditors listed on the list of creditors will receive a “Notice of Chapter 7/13 Bankruptcy Case" (Official Form 309A or 309I)
- This Notice will tell you the date, time and location of the Meeting of Creditors (also called the 341 meeting)
- The meeting of creditors is conducted by the trustee assigned to the case, not the bankruptcy judge
- Creditors may attend this meeting and ask questions of the debtor under oath. The creditors are not required to attend this meeting and the creditors’ rights will not be affected by failure to attend the meeting.
- At the meeting, the debtor will be asked questions by the trustee and any creditors that choose to attend.
- The debtor will be put under oath. It is in the debtor’s best interest to answer all questions truthfully. If the debtor does not answer all questions truthfully, he or she may be denied a discharge.
At least 7 days before the meeting of creditors, the debtor must send directly to the trustee assigned to the case:
- Payment advices (examples: pay stub, SSI statements) received within the 60 days before the debtor filed
- Federal income tax returns for the last 2 years