A brief hearing where the trustee asks about your finances under oath. Most last 5-15 minutes.
The 341 meeting of creditors (named after Section 341 of the Bankruptcy Code) is a required proceeding in every bankruptcy case. It is conducted by the bankruptcy trustee -- not the judge. The debtor testifies under oath about the information in their petition, schedules, and statement of financial affairs.
Despite the name "meeting of creditors," creditors rarely attend in consumer cases. The proceeding is primarily between the trustee and the debtor.
The 341 meeting is typically scheduled 20 to 50 days after the bankruptcy petition is filed. The court sends a notice with the date, time, and location (or dial-in information for telephonic meetings). Since 2020, many courts conduct these meetings by telephone or video conference.
If you do not attend the 341 meeting, the trustee will file a report of non-appearance, and the court will typically dismiss your case. According to court records, failure to appear at the 341 meeting is one of the most common reasons for early case dismissal across all chapters.
| Feature | Chapter 7 | Chapter 13 |
|---|---|---|
| Conducted by | Chapter 7 panel trustee | Chapter 13 standing trustee |
| Focus | Assets available for liquidation | Income, expenses, plan feasibility |
| Typical duration | 5-10 minutes | 5-15 minutes |
| Creditor attendance | Rare | Slightly more common (secured creditors) |
Under Section 341(c), the bankruptcy judge is prohibited from presiding at or attending the meeting of creditors. This ensures the judge remains impartial and is not exposed to information outside the formal record.
Learn more about the bankruptcy process from filing to discharge.
Before You FileThis page provides general information based on publicly available federal court records. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
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