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Glossary

Meeting of Creditors

The meeting of creditors is a required examination, held after a bankruptcy case is filed, at which the debtor appears and answers questions under oath about their debts and property. It is convened by the U.S. Trustee, or the Bankruptcy Administrator in Alabama and North Carolina, under 11 U.S.C. § 341. The bankruptcy judge may not preside at or attend it. It is commonly called the 341 meeting.

Key points

  • 11 U.S.C. § 341 requires the U.S. Trustee — or the Bankruptcy Administrator in Alabama and North Carolina — to convene a meeting of creditors within a reasonable time after the order for relief.
  • The debtor must appear and submit to examination under oath, and the trustee, creditors, and the U.S. Trustee may all ask questions (11 U.S.C. § 343).
  • The court may not preside at or attend any meeting under § 341, so requests to reschedule go to the trustee, not the judge.
  • Chapter 3 of the Bankruptcy Code, which contains § 341, applies in cases under chapters 7, 11, 12, and 13 (11 U.S.C. § 103(a)).
  • Creditors are notified and may attend, but in consumer cases they frequently do not, and their rights are not affected by staying away.

If you have filed or are about to file, a notice will arrive giving a date, time, and instructions for a "meeting of creditors." The name sounds worse than the event. This page explains what the term means, who runs it, and the misunderstandings that cause the most anxiety.

What does "meeting of creditors" actually mean?

It is the examination required by 11 U.S.C. § 341, which directs the U.S. Trustee — or the Bankruptcy Administrator in Alabama and North Carolina — to convene and preside at a meeting of creditors within a reasonable time after the order for relief. Under 11 U.S.C. § 343, the debtor must appear and submit to examination under oath; creditors, any indenture trustee, any trustee or examiner in the case, and the U.S. Trustee may examine the debtor. Section 341 sits in chapter 3 of the Bankruptcy Code, which applies in cases under chapters 7, 11, 12, and 13 (11 U.S.C. § 103(a)). People call it the "341 meeting" after the statute. The Bankruptcy Administrator for the Eastern District of North Carolina describes it the same way: each debtor must appear so that creditors can question the debtor about debts and property.

Why does it matter in a bankruptcy case?

It is the point at which someone with authority looks at the case and asks the debtor directly about it. The Senate report accompanying § 343 describes the purpose of the examination as enabling creditors and the trustee to determine whether assets have improperly been disposed of or concealed, or whether there are grounds for objection to discharge. Attendance is not optional. In Puerto Rico, for example, the local rule provides that a voluntary-case debtor's failure to appear at a scheduled § 341 meeting constitutes cause for dismissal (P.R. LBR 2003-1). The date also anchors other deadlines: in a chapter 7 case, 11 U.S.C. § 521(a)(2)(B) requires an individual debtor to perform the stated intention regarding property securing a debt within 30 days after the first date set for the § 341 meeting, absent a court-ordered extension.

How does the meeting work in practice?

Fed. R. Bankr. P. 2003 sets the timing: the U.S. Trustee must call the meeting no fewer than 21 and no more than 40 days after the order for relief in a chapter 7 or 11 case, 21 to 35 days in a chapter 12 case, and 21 to 50 days in a chapter 13 case. Who presides varies by chapter and district. Rhode Island's local rule assigns it to the interim or appointed trustee in chapter 7 and the chapter 13 trustee in chapter 13 (R.I. LBR 2003-1). Local practice also differs on format and documents — the Central District of California notes that since April 2020 meetings there have been conducted by telephone or video conference. Check the notice you received and your district's own page; this varies, and we do not publish a verified figure or format for every district.

  • The notice you receive names the trustee, the date, and how to appear.
  • Districts commonly require identification and documents in advance — the Eastern District of Michigan directs payment advices and two years of federal returns to the trustee at least 7 days before.
  • Rescheduling is arranged with the trustee or U.S. Trustee, not by motion to the judge.

What do people get wrong about it?

Three things, mostly. First, that it is a court hearing before a judge: 11 U.S.C. § 341(c) says the court may not preside at, and may not attend, any meeting under that section. The Middle District of Florida denies motions to continue a § 341 meeting for exactly that reason and directs the request to the trustee. Second, that a room full of angry creditors will appear. Creditors listed on the petition receive notice and may attend and ask questions, and § 341(c) guarantees a consumer-debt creditor the right to appear without an attorney — but the Eastern District of Michigan notes creditors are not required to attend and their rights are not affected by not attending. Third, that it is universal in form. The presiding officer, the format, and the continuance procedure are set by chapter and by local rule.

Common assumption versus what the authority says
AssumptionWhat the authority provides
A judge runs itThe court may not preside at or attend any § 341 meeting (11 U.S.C. § 341(c))
Only creditors ask questionsThe trustee, examiner, indenture trustee, and U.S. Trustee may also examine the debtor (11 U.S.C. § 343)
Attendance is optionalThe debtor must appear and submit to examination under oath (11 U.S.C. § 343)
It is scheduled by the courtThe U.S. Trustee has the authority to convene it; scheduling requests go there (W.D. La. LBR 2003-1)

Frequently asked questions

Is the meeting of creditors the same thing as a 341 meeting?
Yes. "341 meeting" is the informal name, taken from 11 U.S.C. § 341, the section that requires it. Court and Bankruptcy Administrator pages use both terms interchangeably, sometimes in the same sentence. You may also see "creditors' meeting" or "meeting of creditors and equity security holders," which is the full heading of the statute.
Do creditors actually show up?
They may, and § 341(c) protects a consumer-debt creditor's right to appear and participate in a chapter 7 or 13 case without an attorney. But attendance is not required of them. The Eastern District of Michigan states plainly that creditors are not required to attend and that their rights are not affected by failing to attend.
Can the meeting be rescheduled?
Districts have procedures for it, and they generally route through the trustee or the U.S. Trustee rather than the judge. New Mexico requires requests at least seven days before the scheduled meeting (D.N.M. LBR 2003-1); Florida's Northern District permits continuances only for good cause shown (N.D. Fla. LBR 2003-1). Check your own district's local rule and the notice you received.
Does every chapter have a meeting of creditors?
Section 341 sits in chapter 3, which applies in cases under chapters 7, 11, 12, and 13 (11 U.S.C. § 103(a)). Fed. R. Bankr. P. 2003 sets separate timing windows for chapter 7 and 11, chapter 12, and chapter 13 cases. Who presides and what is on the agenda differ by chapter — a chapter 7 meeting may include electing a trustee or a creditors' committee, which a chapter 13 meeting does not.

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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