What Happens If I Miss My Section 341 Meeting Of Creditors?

If you know that you are unable to attend your initial scheduled Section 341 Meeting of Creditors, you should notify your attorney as soon as possible and explain why. The attorney can usually contact the trustee and arrange an alternate date for your meeting. If done in advance and with good reason, trustees are generally amenable to providing a new meeting date and time.

If you simply fail to appear, the trustee technically is not required to provide you with another meeting date and can seek dismissal of your case. Most trustees are willing to provide another meeting date and time, referred to as a continued meeting, upon the request of your attorney.

You cannot count on the trustee being as forgiving if you miss a second scheduled 341 Meeting. Most trustees will not provide you with a third date and you will be required to file a motion with the court requesting that the trustee reset the meeting. You will, of course, be required to explain why you missed the earlier meetings (or meeting if your trustee is less tolerant) and it is at the discretion of the court whether or not to grant the motion. The judge will allow the trustee to voice their opinion and generally give it significant weight.

The Bankruptcy Code requires that you are provided with at least twenty-one days’ notice of your initial Meeting of Creditors. You want to make every effort to attend that. Sometimes, however, life does get in the way and unexpected events occur. Communicate those as early as possible and most trustees will give you the opportunity to attend another meeting and move forward with your case.

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