A meeting of the creditors, “341 meeting” for short, occurs in every New York bankruptcy case, even the kinds you read about in the business news. After learning about what will happen at a 341 meeting of creditors debtors may ask whether they can be excused from it, or if their New York bankruptcy lawyer can attend it instead of them. This is an understandable question, not because debtors think it’s unimportant but because the meeting’s so short. All that time to go to the courthouse, pass through security, wait for the hearing, go through it, and then leave, can make a debtor wonder: Are there alternatives?
Answer: No.
In a consumer bankruptcy, the only debtors who cannot attend a 341 meeting are those who are either dead or incapacitated. In those situations, it’s unlikely that the debtor filed the bankruptcy of his or her own will in the first place, and a representative will need to attend instead. (Click to learn what to do when a relative dies in New York bankruptcy.)
There are, however, some situations in which debtors can appear at their 341 meetings remotely. In general, they involve debtors being unable to attend even if they could. For example, they may be on active military duty away from home, which does happen, they may be incarcerated, or most commonly they suffer from a medical or physical condition that prevents them from going to the meeting.
None of this means that the 341 meeting’s time and date are absolute. There are situations in which debtors can reschedule the meeting if something comes up. The situation’s importance is key: Usually it must involve a medical or family emergency. Indeed, many of the common reasons people might expect to excuse them from 341 meetings do not work in the bankruptcy context. Debtors who have work or family commitments will still be expected to attend the 341 meeting, and debtors are fully responsible for remembering to attend the hearing and showing up on time for it.
Debtors who cannot attend the 341 meeting can expect their cases to be dismissed, but if they choose to refile—and their refilings are only their second ones within a year—then the automatic stay only applies for 30 days. If they want it to last longer, which they should, they will need to request extensions, but the bankruptcy court will almost always grant them.
Attending the 341 meeting is one of the most important responsibilities debtors have. That doesn’t mean trustees aren’t heartless. Trustees can reschedule 341 meetings, especially if they have plenty of advance warning. Contacting the trustee promptly and explaining the situation can often result in a mere rescheduling rather than a denial of discharge.
If you are encountering serious financial difficulties, then talking to an experienced New York bankruptcy lawyer can help you evaluate your options as well as ensure that you fulfill your responsibilities to the bankruptcy court to obtain your fresh start.
For answers to more questions about bankruptcy, the automatic stay, effective strategies for dealing with foreclosure, and protecting your assets in bankruptcy please feel free to contact experienced bankruptcy attorney Brooklyn NY Bruce Weiner for a free initial consultation.
