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United States Code

11 U.S.C. § 343 — Examination of the debtor

Section 343 requires the debtor to appear and submit to examination under oath at the meeting of creditors held under section 341(a). It names who may do the questioning: creditors, any indenture trustee, any trustee or examiner in the case, and the United States trustee. The section also provides that the United States trustee may administer the oath it requires.

For most people filing bankruptcy, the meeting of creditors is the one time they appear in person and answer questions about their case. Section 343 is the provision that makes that appearance a statutory duty and puts the questions under oath. It is three sentences long, and it does two things: it tells the debtor to show up and answer, and it lists who is allowed to ask.

Do I have to show up to the meeting of creditors?

The text is direct: the debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a). "Shall" is the language of a requirement, not an option, and it applies to the debtor personally — the section speaks of examining the debtor, not the debtor's paperwork or the debtor's lawyer. The two obligations run together. Appearing is not enough on its own, because the section also requires submitting to examination; answering questions informally is not what the section describes, because it requires that the examination be under oath. Notice what the section does not address. It does not say where the meeting is held, how long it lasts, what topics may be covered, or what happens if a debtor does not appear. None of that is in this section, so if that is your question, the answer is somewhere other than the text below.

Who is allowed to ask me questions at the 341 meeting?

The section gives a list, and it is short. Creditors may examine the debtor. Any indenture trustee may examine the debtor. Any trustee or examiner in the case may examine the debtor. The United States trustee may examine the debtor. In a consumer case, the questioner most people actually encounter is the trustee in the case, because "any trustee or examiner in the case" is the category that covers the person administering the estate. Creditors are permitted to appear and question the debtor, but the section only establishes that they may — it does not say they must, and it does not say they usually do. The word "may" runs through the whole list. Read carefully, this sentence is a grant of permission to a defined group of participants, not a description of who ordinarily shows up. The section also does not define "indenture trustee" or "examiner"; those terms come from elsewhere in the Bankruptcy Code.

What does 'examination under oath' mean in this section?

The section requires that the examination be under oath, and it identifies one official who may administer that oath: the United States trustee. That third sentence exists to answer a practical question — the meeting of creditors is not a courtroom and a judge is not present, so the statute supplies the authority to swear the debtor in. Beyond that, the section is silent. It does not set out the form of the oath. It does not describe the consequences of answering falsely under it, or the consequences of refusing to be examined at all. Those consequences exist elsewhere in federal law and are not stated here, so treat any account of them that claims to rest on section 343 with caution. What this section does establish is the character of the meeting: the questions asked there are put to a debtor who has been sworn, and the answers are given under oath rather than in casual conversation.

Why does such a short section matter?

Section 343 is the hinge between the meeting required by section 341(a) and what actually happens at it. Section 341(a) provides for the meeting; this section provides that the debtor attends it, answers under oath, and answers to a specific set of people. Without it, the meeting would have no stated participant obligation attached to it. For someone preparing to file, the practical reading is narrow and worth keeping narrow. This section tells you that attendance and sworn answers are required, and it tells you who may question you. It does not tell you what to bring, what will be asked, how the trustee will evaluate your answers, or what the meeting means for the outcome of your case. Those questions are real, but they are answered by other provisions and by the procedural rules — not by the three sentences printed below.

This summary is our plain-English explanation, written to help you find the right part of the text below. The section itself is the authority — where the two differ, the text controls.

Text of 11 U.S.C. § 343

Reproduced in full from the official source, verified as of July 2026. View it at the source.

The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer the oath required under this section.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98–353, title III, §436, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, §213, Oct. 27, 1986, 100 Stat. 3099.)

Notes and amendment history

Published by the official source alongside the section above. These notes record how the text has changed over time and the reasoning behind those changes. They are not the operative rule — the enacted text is the section itself.

Historical and Revision Notes

senate report no. 95–989

This section, derived from section 21a of the Bankruptcy Act [section 44(a) of former title 11], requires the debtor to appear at the meeting of creditors and submit to examination under oath. The purpose of the examination is to enable creditors and the trustee to determine if assets have improperly been disposed of or concealed or if there are grounds for objection to discharge. The scope of the examination under this section will be governed by the Rules of Bankruptcy Procedure, as it is today. See rules 205(d), 10–213(c), and 11–26. It is expected that the scope prescribed by these rules for liquidation cases, that is, "only the debtor's acts, conduct, or property, or any matter that may affect the administration of the estate, or the debtor's right to discharge" will remain substantially unchanged. In reorganization cases, the examination would be broader, including inquiry into the liabilities and financial condition of the debtor, the operation of his business, and the desirability of the continuance thereof, and other matters relevant to the case and to the formulation of the plan. Examination of other persons in connection with the bankruptcy case is left completely to the rules, just as examination of witnesses in civil cases is governed by the Federal Rules of Civil Procedure.

Editorial Notes

Amendments

**1986**—Pub. L. 99–554 amended section generally. Prior to amendment, section read as follows: "The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, or any trustee or examiner in the case may examine the debtor."

**1984**—Pub. L. 98–353 substituted "examine" for "examiner".

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Participation by Bankruptcy Administrator at Meetings of Creditors and Equity Security Holders

A bankruptcy administrator or the bankruptcy administrator's designee may examine debtor at meeting of creditors and may administer oath required by this section, see section 105 of Pub. L. 103–394, set out as a note under section 341 of this title.

Guides that rely on 11 U.S.C. § 343

Plain-language explanations on this site that cite this section.

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

Last reviewed July 27, 2026 · Sources verified July 27, 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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