Meetings of creditors and equity security holders

United States Code

Section: 341

Jurisdiction: US

Bluebook Citation: 11 U.S.C. § 341


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Courts citing this statute

Bankr. N.D. Ill.90
Bankr. E.D. Pa.70
Bankr. D. Mass.52
Bankr. S.D.N.Y.52
Bankr. N.D. Ohio44
Bankr. E.D.N.Y.41
Most recently cited by10
  • 2026Cohan v. United States Trustee Program D.D.C.
  • 2026Lutchi Gayot Bankr. S.D.N.Y.
  • 2026Andrew Consiglio Bankr. D. Conn.
  • 2026Martinez Bankr. W.D.N.C.
  • 2026Davania Bankr. C.D. Cal.
  • 2026Hyun Jeong Han Bankr. S.D.N.Y.
  • 2026Jason White Bankr. E.D. La.
  • 2026Cheney Bankr. E.D. Va.
  • 2026Nicolle C. Lang v. Edmond G. Chenet, Jr. N.D. Ill.
  • 2026HAPPEL W.D. Pa.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors. The United States trustee may convene a meeting of any equity security holders. The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors. Notwithstanding any local court rule, provision of a State constitution, any otherwise applicable nonbankruptcy law, or any other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than 1 creditor) shall be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors. the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history; the debtor’s ability to file a petition under a different chapter of this title; the effect of receiving a discharge of debts under this title; and the effect of reaffirming a debt, including the debtor’s knowledge of the provisions of section 524(d) of this title. Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case. A bankruptcy administrator appointed under section 302(d)(3)(I) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 99–554; 100 Stat. 3123), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101–650; 104 Stat. 5115), or the bankruptcy administrator’s designee may preside at the meeting of creditors convened under section 341(a) of title 11, United States Code. The bankruptcy administrator or the bankruptcy administrator’s designee may preside at any meeting of equity security holders convened under section 341(b) of title 11, United States Code. The bankruptcy administrator or the bankruptcy administrator’s designee may examine the debtor at the meeting of creditors and may administer the oath required under section 343 of title 11, United States Code.” Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of— (Source: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 99–554, title II, § 212, Oct. 27, 1986, 100 Stat. 3099; Pub. L. 103–394, title I, § 115, Oct. 22, 1994, 108 Stat. 4118; Pub. L. 109–8, title IV, §§ 402, 413, Apr. 20, 2005, 119 Stat. 104, 107.))

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