Policy for Conducting 341 Meeting by Interrogatories
PROCEDURE FOR CONDUCTING A SECTION 341 MEETING OF CREDITORS BY INTERROGATORIES
- The Debtor shall appear and submit to examination under oath at the Meeting of Creditors under 11 U.S.C. § 341, pursuant to 11 U.S.C. §343 (2007). If a continuance of the Meeting of Creditors is desirable for any reason, the Debtor’s Attorney shall notify the Bankruptcy Administrator and the Trustee as promptly as possible, in which case, the Debtor’s personal appearance may be continued to a later date, but not excused.
The Debtor may be excused from a personal appearance at the Section 341 Meeting, in which case the Meeting and Trustee examination will be conducted by Interrogatories, in three instances:
- When the Debtor is unable to attend the Section 341 Meeting, or any continued Section 341 Meeting, as demonstrated by a written excuse from a licensed medical professional;
- When the Debtor has been deployed by the military;
- When the Debtor is incarcerated.
- When the Debtor wishes to be excused from personal appearance at the Section 341 Meeting, Debtor’s Counsel shall, as promptly as possible, furnish to the Office of the Bankruptcy Administrator a written request to excuse attendance, accompanied by a written medical excuse, military documents or evidence of incarceration supporting the request.
- The Bankruptcy Administrator will review the request and determine whether the Debtor’s personal appearance will be excused, and the Section 341 Meeting conducted by Interrogatories, or not.
- If it is determined that the Debtor need not appear, the Bankruptcy Administrator will prepare a Notice that the Section 341 Meeting will be conducted by Interrogatories and e-file the Notice with the Clerk’s Office.
- The Clerk’s Office will send notice to all creditors and parties in interest that the Meeting of Creditors will be conducted by Interrogatories.
- The Trustee will prepare and submit the Interrogatories to the Debtor, who will answer the Interrogatories.
- The Trustee will conclude the Meeting of Creditors on receipt of the completed answers to Interrogatories.