The § 341 meeting of creditors is mandatory for every Chapter 7 case. The trustee questions the debtor under oath about the petition contents. Creditors may attend (rarely do for consumer cases). For most filers, the meeting is brief and routine.
Format and logistics
When: typically 21-40 days after petition filing
Where: at the trustee's office, the bankruptcy court, or by video (Zoom/Teams; standardized in many districts post-COVID)
Duration: 5-10 minutes for routine cases; longer for asset cases or where issues arise
Required attendance: the debtor MUST attend. Failure to attend can result in dismissal.
ID required: photo ID and Social Security card (or other proof of SSN). Trustee verifies identity before questioning.
Standard trustee questions
The trustee asks a standardized set of questions under oath:
Did you read the petition before signing?
Are you familiar with its contents?
Are the schedules and statement of financial affairs accurate to the best of your knowledge?
Have all assets been listed?
Are there any expected inheritances, lawsuit recoveries, or insurance proceeds?
Have you transferred any property within the look-back periods?
Have you made any payments to family members or close friends in the last year?
Are any tax returns due that haven't been filed?
Have you given the trustee all required documents?
Common follow-up questions
Trustees often ask additional questions based on what's on the petition:
Source of income and any expected changes
Status of any pending lawsuits
Recent large purchases or large credit-card transactions
Real estate ownership and current values
Vehicle ownership and any encumbrances
Retirement account balances
Creditor attendance
Creditors are notified and may attend. In practice:
Most consumer cases: no creditors attend
Cases with disputed debts: a creditor or its counsel may attend to question the debtor about the debt
Cases with potential AP grounds: a creditor anticipating filing § 523(a) AP may attend to gather information
What can go wrong
Inconsistent statements: testimony that contradicts the schedules can trigger dismissal motions or AP grounds
Trustee-flagged transfers: recent large transfers may produce trustee follow-up motions to recover the property
Missed documents: the trustee can require the debtor to submit additional information; failure to comply can extend the case or produce dismissal
Identity verification failure: rare but does happen if the debtor's name doesn't match the SSN records
Preparing for the meeting
For attorney-represented debtors, counsel typically prepares the client through a brief pre-meeting walk-through. For pro se debtors:
Re-read your petition and schedules thoroughly
Be prepared to answer the standard questions clearly and accurately