Do Creditors Attend 341 Bankruptcy Meetings?

This post is a follow-up to my prior post on personal loans. That post focused on the issue of whether a friend or acquaintance can wipe out a personal loan owed to you by listing the debt on the bankruptcy petition. That blog post can be read by clicking the link below. In this post, I’ll also discuss the 341 meeting of creditors and the 2004 examination

Key Points:

• The 341 meeting is a brief hearing. While attendance is required for debtors, it’s not for creditors.
• Creditors rarely attend 341 meetings as they have other legal avenues to object to the bankruptcy petition and the dischargeability of debts.

What is a 341 Meeting of Creditors

The 341 meeting of creditors is the required hearing when a consumer debtor files for either a Chapter 7 or Chapter 13 bankruptcy petition. It is known as the 341 hearing, as that is the section of the Bankruptcy Code it refers to.

• Personal Loans to a Friend and Bankruptcy

The 341 hearing is typically scheduled 30 to 40 days after the bankruptcy petition is filed. For certain creditors, such as typical lenders, notice of the 341 meeting is usually sent via electronic service or e-mail.

However, if you are an individual or small business, you will receive notice via regular mail sent by the bankruptcy clerk’s office.

What Happens at the 341 Meeting of Creditors?

The 341 meeting of creditors is a brief hearing. Typically, it lasts about five minutes. The bankruptcy trustee will ask the debtor basic questions regarding the bankruptcy petition. Unlike a hearing or trial, this differs from your typical court hearing because the bankruptcy judge will not be present. It is prohibited under Section 341(c).

(c)The court may not preside at, and may not attend, any meeting under this section, including any final meeting of creditors.

In addition, the 341 hearing is not a hearing where evidence is presented and legal issues are argued. Even bankruptcy lawyers have a minimal role in the 341 hearing. The same applies to debt collectors and debt collection attorneys.

Most of the time, the bankruptcy lawyer doesn’t say much more other than announce their presence and state for the record that they are representing the debtor.

What to Do if You Receive Notice for a 341 Meeting

Since you are a creditor, if you were listed on the bankruptcy petition, you will receive notice of the 341 hearing. But do you have to attend the hearing? The answer to that is no. It’s common for creditors to skip the 341 meeting because there’s little for them to do.

• What Happens at the 341 Creditor’s Meeting? Here’s What You Need to Know!

For example, if there’s an issue of whether that debt should be discharged, objections would have to be filed to the bankruptcy petition and a hearing scheduled before the bankruptcy judge. The bankruptcy trustee does not have the authority to rule on motions. Only the bankruptcy judge does. The bankruptcy trustee’s role is to protect the bankruptcy estate on behalf of creditors.

For that reason, creditors don’t typically appear at the 341 meeting. However, trustees will allow a creditor to ask limited questions. However, if there are issues that the creditor requires to litigate or further fact-finding, any creditor should proceed with a 2004 examination, which serves as a deposition.

The 2004 Examination

The 2004 examination refers to section 2004 of the Federal Rules of Bankruptcy Procedure.

With a 2004 examination, the creditor can request additional documents and question the debtor under oath. Notice of the 2004 examination is filed with the bankruptcy clerk’s office.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. For paralegals and students buying single copies, you can do so via Amazon books. To access my YouTube channel, click this link.

Additional blog content is available below:

• Bankruptcy
• Your Wallet

Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated on August 29, 2025.