Is it mandatory that the debtor is present in the bankruptcy 341 meeting? 39 Answers as of June 26, 2013

I am a debtor filing for a Chapter 7 Bankruptcy in my state of residence. However, I am temporarily living out of state with relatives. Is it mandatory that the debtor is present to the 341 meeting or creditors meeting?

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Yes, attendance at a 341 meeting is mandatory. Sometimes, the US Trustees office will approve the meeting to be attended via telephone.
Answer Applies to: Virginia
Replied: 11/16/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The debtor must attend the 341 hearing as its purpose is an examination of the debtor. Generally if you fail to appear the trustee will reschedule it one time before dismissing your case. If you can't make it back into the state you may be able to arrange for a telephone appearance. For how to go about this check the local rules in your district on the web or contact the court clerk.
Answer Applies to: California
Replied: 11/15/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes. It is mandatory.
Answer Applies to: California
Replied: 11/15/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, unless your attorney makes a motion for you to appear telephonically or through interrogatories. You have to be unavailable bc of a real good excuse.
Answer Applies to: Washington
Replied: 11/14/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Yes it is mandatory that you are present for the creditors meeting. Firstly, the Bankruptcy Trustee will want to ask you several questions related to your bankruptcy petition, and ensure that your answers are the same as what was written on the petition. Secondly, you will want to be present in case any creditors appear, and to ensure that when the meeting is over the Trustee officially closes the creditors meeting. There is no good reason to not be present at the creditors meeting, especially since it will hopefully be the only appearance you should have to make during the course of your bankruptcy process.
Answer Applies to: New York
Replied: 11/14/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Yes, except in very extraordinary circumstances.
    Answer Applies to: Texas
    Replied: 6/26/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    It is absolutely necessary that you be present, because the purpose of the hearing is for the court to verify your identity; and to ensure that you knowingly filed the petition, and that all the information provided is correct and truthful to your knowledge. Your failure to appear will result in the dismissal of your case. You can attempt to contact the trustee to see if you can reset the hearing to a later date if you need more time to get back to the state.
    Answer Applies to: Georgia
    Replied: 11/14/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Pursuant to section 341 of the bankruptcy code debtors must personally appear at a meeting of creditors. Sometimes it is possible to appear telephonic-ally.
    Answer Applies to: California
    Replied: 11/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, it is mandatory. Sometimes, if you are in the military on active duty or severe medical hardship, or something along those lines, you can apply for a special accommodation, but otherwise, you must appear.
    Answer Applies to: California
    Replied: 11/14/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Personal appearance at the Meeting of Creditors is mandatory. Sometimes, substituted appearance by an appointed Power of Attorney or telephonic appearance is acceptable - but it depends on the court.
    Answer Applies to: Indiana
    Replied: 11/14/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Your attendance at a 341 meeting is specifically required by the Bankruptcy Code and rules. Under some circumstances, some trustees might allow you to attend by telephone. However, this is the exception and not the rule.
    Answer Applies to: Illinois
    Replied: 11/14/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you must be present for the meeting unless you have extenuating circumstances that the Trustee will do a 341 meeting by phone. But that is reserved for when a debtor is in prison, in the hospital, etc, not likely to be allowed because you are living out of state.
    Answer Applies to: New York
    Replied: 11/14/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Generally yes. Some trustees will allow appearance by phone for a VERY good reason. Ask your attorney to contact trustee.
    Answer Applies to: Colorado
    Replied: 11/14/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 6/2/2013
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    This is one of those times where having a savvy lawyer is right handy. It is possible to handle the 341 remotely if the trustee permits it. Not all do. I have done it for a client who was bed ridden and under care in an outpatient facility. He was allowed to answer the basic questions under oath to a notary who read the questions and recorded the answers and notarized the client's signature on the document. Not every trustee will do that, and if it's an asset case forget about it. If it's possible to be there the best practice is to be there. That's possible now, not convenient so make every effort. My client was ill, old, and immobile and we could demonstrate that.
    Answer Applies to: California
    Replied: 11/14/2011
    Buff & Chronister
    Buff & Chronister | G. Scott Buff
    All debtors are required to appear at the 341 meeting to be examined under oath. There is a possibility that you could appear by telephone depending on what jurisdiction you are in. If you did appear via phone, you would have to have a notary present to verify your identity by government issued photo i.d. and proof of your social security number. It will probably be easier for you to appear in person. You should have had substantial notice so that you can arrange to be present.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    Yes. However, you might be able to convince a judge (after filing a motion) or the panel trustee (after making advance arrangements) to conduct the meeting via telephone call. However, consult with the U.S. Trustee in your district to determine if there are special rules relating to telephone conference 341 meetings. There are special rules for the Southern District of Texas.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Yes, your case will be dismissed if you fail to appear.
    Answer Applies to: Utah
    Replied: 11/11/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Yes, presence at the 341 meeting is mandatory.
    Answer Applies to: Colorado
    Replied: 6/2/2013
    Law Office of Christine A. Wilton
    Law Office of Christine A. Wilton | Christine Wilton
    Yes, you must be present at your Section 341a meeting of creditors. Here in the Central District, if you fail to attend your meeting, the hearing may be continued one time. If you fail to attend the second hearing, your case will be dismissed. This is no guarantee that your particular hearing will be continued if you do not attend.
    Answer Applies to: California
    Replied: 11/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes it is.
    Answer Applies to: California
    Replied: 6/2/2013
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    This is mandatory. You MUST be at this hearing or your case will be dismissed. There are a few reasons you may be able to get the hearing reschedule, but these are extreme, and it does not sound like your circumstances will be excused.
    Answer Applies to: Oregon
    Replied: 11/11/2011
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    If you have an attorney, you should ask your attorney to assist you. In general one can ask the trustee either to continue the hearing for 2 weeks or to let the debtor attend by telephone if you can't appear.
    Answer Applies to: South Carolina
    Replied: 11/11/2011
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