Scheduling a Creditors' Meeting

Debtor Required to Attend a Meeting of Creditors
The Bankruptcy Code requires that a meeting of creditors be held at the beginning of every bankruptcy case.  The meeting of creditors is sometimes referred to as the “341 meeting” because it is held pursuant to section 341 of the Code.  The case trustee conducts the meeting in a chapter 7 or chapter 13 case.  In a chapter 11 case, a representative of the United States Trustee generally will preside over the meeting.  Each debtor in a joint case must attend and be questioned under oath about assets and liabilities.  Creditors are invited, but not required, to attend and may ask questions following the examination by the trustee.
Location
The location of the meeting is determined according to the debtor’s county of residence:

County
First Meeting Location
Honolulu
(Oahu)
US Trustee Hearing Room
1132 Bishop Street, Suite 606
Honolulu
Hawaii
(Big Island)

Hilo State Office Building
75 Aupuni Street, 1st Floor
Hilo, Hawaii

Kauai Kauai Judiciary Complex
3970 Kaana Street, Room C-104
Lihue, Kauai

Maui
(including Lanai, Molokai
)

J. Walter Cameron Center
95 Mahalani Street
Wailuku, Maui


Meeting Date and Time
Bankruptcy rules require that the meeting of creditors be scheduled within certain time frames.  In a chapter 7 or chapter 11 case, the first meeting must be set between 20 to 40 days after the petition is filed; in a chapter 13 case, the first meeting must be set between 20 to 50 days after the petition is filed.  However, if the meeting is held on an island other than Oahu, the meeting may be scheduled between 20 to 60 days after the petition is filed.

Although the date and time of the meeting are selected randomly by the court on behalf of the Office of the United States Trustee, court staff are not authorized to make any scheduling changes.  Any request to change a date, time, or location must be directed to the trustee or the Office of the United States Trustee ((808) 522-8150).  Rescheduling is generally not permitted.

In the event that a meeting is rescheduled, or held and continued to another date, it should be noted that many of the deadlines in a bankruptcy case run from the date first set for the first meeting of creditors.  Deadlines, such as the time to file a proof of claim or an objection to discharge, are calculated from the initial date set and generally do not change if the meeting is rescheduled.


Documents Required at the Meeting
Debtors must bring the following to the meeting of creditors:

  1. A government issued picture identification and evidence of Social Security number. Common forms of identification include a driver’s license, state identification card, military ID, legal resident alien card, or passport.  Evidence of one’s Social Security number includes a Social Security card, current employer’s health card, current wage statement, original Form W−2, Form 1099, or IRS transcript of a tax return.
  2. Evidence of current income such as the debtor’s most recent payment advice (this is in addition to the 60 days of payment advices sent to the trustee not later than 7 days before the meeting);
  3. The most recent statements for each bank and investment account;
  4. Documentation of monthly expenses claimed in calculating current monthly income and disposable income on Form B22A or B22C;
  5. Documentation for the valuation of any real or personal property; and
  6. Any other information requested in advance by the trustee.

 


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