Virtual and In-Person 341 Meetings: How to Attend

How does the 341 meeting actually work?

After your case is filed, the United States trustee convenes and presides at a meeting of creditors (11 U.S.C. § 341). The bankruptcy judge may not preside at, and may not attend, any meeting under that section, so nothing about it resembles a courtroom hearing. In chapter 7, 12, and 13 cases, the trustee assigned to your case ordinarily conducts it. You appear and submit to examination under oath, and the trustee, the United States trustee, and any creditor who shows up may examine you (11 U.S.C. § 343). Creditors are not required to attend, and their rights are generally not affected if they skip it (Bankr. E.D. Mich. official page). In a chapter 7 case, before the meeting concludes, the trustee orally examines you to confirm you understand the consequences of seeking a discharge, your ability to file under a different chapter, the effect of a discharge, and the effect of reaffirming a debt (11 U.S.C. § 341).

• Convened and presided over by the United States trustee; conducted in practice by your case trustee
• No judge present, by statute
• You answer questions under oath
• Creditors may attend and question you, but usually do not

What changes whether you attend by video, phone, or in person?

The format is set by the district and by the U.S. Trustee Program, not by you. Several districts converted chapter 7, 12, and 13 meetings to Zoom on published start dates: the Western District of Louisiana for cases filed beginning September 2023, the Middle District of Louisiana for meetings held on or after October 1, 2023, the Southern District of Indiana as of October 1, 2023, and the District of Minnesota for meetings held on or after June 1, 2024. Montana's local rule states that § 341(a) meetings are held via Zoom and are arranged and scheduled by the Office of the U.S. Trustee at its sole discretion (Mont. LBR 5001-3). Other districts still describe personal appearance as the default. In the Northern District of West Virginia, an individual debtor must appear in person, and both spouses must be present in a joint case (N.D.W. Va. LBR 2003-1). Your case notice controls; do not assume a neighboring district's practice applies to yours.

What does federal law say about attending?

Two sections carry the weight. Section 341 requires the United States trustee to convene and preside at a meeting of creditors within a reasonable time after the order for relief, and it bars the court from presiding at or attending. It also guarantees that a creditor holding a consumer debt, or a representative of that creditor, may appear and participate in a chapter 7 or 13 meeting, with or without an attorney (11 U.S.C. § 341). Section 343 states the debtor's obligation directly: you shall appear and submit to examination under oath at the meeting, and the United States trustee may administer the oath (11 U.S.C. § 343). Neither section prescribes a video platform or a physical room, which is why the format is set administratively by the U.S. Trustee Program and by local rule. Notice of the meeting reaches you and your listed creditors under the notice provisions of 11 U.S.C. § 342.

• 11 U.S.C. § 341 — who convenes the meeting, and that no judge attends
• 11 U.S.C. § 343 — the debtor appears and submits to examination under oath
• 11 U.S.C. § 342 — notice of the case reaches listed creditors

Where do local rules and district practice differ?

Local rules govern the mechanics, and they differ in ways that matter. In the Southern District of Texas, a debtor must attend unless excused by the court, and may participate by telephone with the trustee's consent under procedures established by the U.S. trustee; any other requested participation requires a court order (S.D. Tex. BLR 2003-1). The Southern District of Illinois allows telephone appearance only where the U.S. Trustee has approved both the waiver of personal appearance and the telephone appearance (S.D. Ill. LBR 2003). South Dakota's rule states that an individual debtor shall appear in person (Bankr. D.S.D. R. 2003-1). The Middle District of Pennsylvania directs any request to deviate from personal appearance first to the United States trustee, and only then to a motion if denied (M.D. Pa. LBR 2003-1). State law does not change any of this; the variation is federal-district-level. Your state hub page links to the courts covering your county.

• Telephone participation is commonly conditioned on trustee or U.S. Trustee approval
• A few districts still require personal appearance by rule
• Requests to deviate usually start with the trustee or U.S. Trustee, not the judge

What does a Zoom 341 meeting look like in practice?

Published district guidance is specific. The Western District of Kentucky tells debtors they need an electronic device with a microphone, camera, and internet access; that the debtor and the debtor's attorney should each be able to see and be seen by the trustee; and that participants should join ten minutes before the scheduled start time. It also directs debtors to change their screen name to their first and last names so the trustee can identify them in the waiting room. That same guidance warns debtors not to display identification documents on the video screen or otherwise disclose the contents of those documents during the virtual meeting (Bankr. W.D. Ky. official guidance). Districts publish a table of trustee-specific meeting IDs, passcodes, and in several cases a dedicated telephone number, so the joining details depend on which trustee is assigned to your case. The Department of Justice page referenced by multiple districts, justice.gov/ust/moc, carries the detailed joining instructions.

• Join about ten minutes early and wait in the waiting room
• Set your screen name to your legal first and last name
• Test your camera, microphone, and connection beforehand
• Do not hold your ID up to the camera or read it aloud

What documents and information are involved?

Trustees generally want identity documents before the meeting rather than at it. The Western District of Kentucky guidance directs debtors to provide, at least seven days before the meeting, a clear copy of a government-issued photo identification and a copy of the Social Security card or other evidence of the Social Security number, or a written statement that the documentation does not exist, sent by secure method. The Eastern District of Michigan tells debtors to send the trustee, at least seven days before the meeting, payment advices received within the 60 days before filing and federal income tax returns for the last two years. The Middle District of Louisiana lists prior-year tax returns, recent pay stubs, original picture identification, and original proof of Social Security number. Those document duties track the debtor's statutory obligations to file schedules and payment advices and to cooperate with the trustee (11 U.S.C. § 521).

What if you cannot attend, or need to reschedule?

Requests almost always go to the trustee first. The Middle District of Florida is blunt about it: a motion to continue or reschedule filed with the court will be denied, with an order directing the movant to take the request to the case trustee or the United States trustee (Bankr. M.D. Fla. Procedure Manual). Idaho requires a written request to the trustee, not filed with the court, ordinarily no later than 14 days before the meeting (Bankr. D. Idaho LBR 2003-1). Northern District of Florida continues meetings only for good cause shown (N.D. Fla. LBR 2003-1). Being excused entirely is a higher bar. The Southern District of Illinois lists medical condition, imprisonment, and military assignment as acceptable grounds, with supporting documentation (S.D. Ill. LBR 2003). Middle District of Alabama says inconvenience is not a sufficient basis (Bankr. M.D. Ala. R. 2003-1). Missing the meeting without being excused can lead the trustee to continue it and, after a second failure, request dismissal (E.D. Mo. L.R. 2003).

• Contact the trustee as early as possible; several rules set a 7 or 14-day deadline
• Documented medical, incarceration, or military grounds are the usual basis for excusal
• A second unexcused absence can lead to a dismissal request

What should you ask a lawyer about your 341 meeting?

A local bankruptcy attorney knows your trustee's habits, which is the part no published rule captures. Useful questions include: is my meeting on Zoom, by phone, or in person, and which trustee is assigned? What exactly does that trustee want sent in advance, and by what secure method? What questions does that trustee usually ask in a case like mine? If I have a scheduling conflict or a medical issue, what does the request need to say and when is it due? If I am filing jointly, does my spouse need to appear from the same place? You can also ask what happens between the meeting and the rest of your case, since a chapter 13 trustee in some districts files a confirmation recommendation at the conclusion of the meeting (S.D. Tex. BLR 2003-1). Filing fees are separate from anything decided at the meeting.

• Which trustee, which format, which joining details
• What to send in advance, and by when
• What to do if you cannot attend the scheduled date
• What the trustee typically asks about assets, income, and prior transfers

What does the meeting cost, and is it separate from filing fees?

The meeting itself has no separate fee. What you pay is tied to the petition. A chapter 7 case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 8; Bankruptcy Court Miscellaneous Fee Schedule, Item 9), both effective December 1, 2023. A chapter 13 case carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee. Rescheduling a meeting through the trustee does not itself carry a fee under the procedures published by the Middle District of Florida. If you attend by Zoom, you supply your own device and internet connection; districts do not charge for the video platform. If a continuance requires you to serve notice on creditors, your own mailing or attorney costs can arise from that step.

Frequently asked questions

Can I attend my 341 meeting by phone instead of video?

Sometimes, but it generally requires permission. In the Southern District of Texas, a debtor may participate by telephone with the trustee's consent under procedures established by the U.S. trustee; any other participation requires a court order (S.D. Tex. BLR 2003-1). The Southern District of Illinois requires U.S. Trustee approval of both the waiver of personal appearance and the telephone appearance (S.D. Ill. LBR 2003).

Where do I find the Zoom link for my trustee?

Your case notice carries the joining instructions, and districts publish trustee-by-trustee tables of meeting IDs, passcodes, and dedicated phone numbers on their own websites. The Western District of Louisiana, Middle District of Louisiana, Southern District of Indiana, and District of Minnesota all publish such tables. Multiple districts also point debtors to the Department of Justice page at justice.gov/ust/moc for detailed joining instructions.

Will a judge be at my 341 meeting?

No. The court may not preside at, and may not attend, any meeting under section 341, including any final meeting of creditors (11 U.S.C. § 341). The United States trustee convenes and presides, and in chapter 7, 12, and 13 cases the assigned case trustee conducts the meeting in practice. That is why continuance requests go to the trustee rather than to the judge.

What happens if I miss the meeting?

The trustee generally continues it and notifies you of the new date. Under E.D. Mo. L.R. 2003, if a debtor fails to attend the first scheduled meeting without being excused, the trustee sets and serves notice of a continued meeting; if the debtor fails to appear at the second meeting without being excused, the trustee will file a request asking that the case be dismissed. Contact the trustee immediately if you missed one.

Do creditors actually show up?

Usually not. Creditors may attend and question the debtor under oath, but they are not required to, and their rights are generally not affected by failing to attend (Bankr. E.D. Mich. official page). Section 341 does guarantee that a creditor holding a consumer debt, or its representative, may appear and participate in a chapter 7 or 13 meeting, with or without an attorney.

Should I show my driver's license on camera?

Published guidance says no. The Western District of Kentucky instructs debtors not to display ID documents on the video screen or otherwise disclose their contents, including personally identifiable or sensitive information, during a virtual 341 meeting. Instead, debtors send a clear copy of a government-issued photo ID and Social Security proof to the trustee by secure method at least seven days before the meeting.

Can my spouse and I appear from the same computer?

That depends on your district and trustee, so confirm before the date. In a joint case in the Northern District of West Virginia, both debtors are required to be present at the meeting (N.D.W. Va. LBR 2003-1). Western District of Kentucky guidance stresses that the debtor and the debtor's attorney should each be able to view the screen and be viewed by the trustee.

Can someone appear for me under a power of attorney?

Generally not without approval. In the Northern District of West Virginia, a third party may not appear for the debtor under a power of attorney without prior approval of the United States Trustee; a debtor unable to appear in person should instead request an appearance by alternative means, and a third party may appear if authorized by a court order of competent jurisdiction (N.D.W. Va. LBR 2003-1).

Sources

• 11 U.S.C. § 341 — Meetings of creditors and equity security holders · official source
• 11 U.S.C. § 343 — Examination of the debtor · official source
• 11 U.S.C. § 342 — Notice · official source
• 11 U.S.C. § 521 — Debtor's duties · official source
• Bankr. W.D. Ky. official guidance — Trustee 341 Meetings - Zoom
• Bankr. W.D. La. official page — 341 Meetings of Creditors by Zoom
• Bankr. M.D. La. official guidance — 341(a) Meeting of Creditors
• Bankr. S.D. Ind. official page — Trustee Meeting of Creditors (Section 341 Meeting)
• Bankr. D. Minn. official page — Trustee § 341 Zoom Meeting Information [https://www.mnb.uscourts.gov/trustee-%C2%A7-341-zoom-meeting-information]
• Bankr. E.D. Mich. official page — Meeting of Creditors (also known as 341 Meeting) [https://www.mieb.uscourts.gov/prose/meeting-creditors]
• Mont. LBR 5001-3
• N.D.W. Va. LBR 2003-1
• S.D. Tex. BLR 2003-1
• S.D. Ill. LBR 2003
• Bankr. D.S.D. R. 2003-1
• M.D. Pa. LBR 2003-1
• Bankr. M.D. Fla. Procedure Manual — Motion to Continue or Reschedule 341 Meeting
• Bankr. M.D. Fla. Procedure Manual — Motion to Excuse Debtor Appearance at 341
• Bankr. D. Idaho LBR 2003-1
• N.D. Fla. LBR 2003-1
• Bankr. M.D. Ala. R. 2003-1
• E.D. Mo. L.R. 2003
• 28 U.S.C. § 1930(a)(1)(A), (f)(1)
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9

Related

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