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Meeting of Creditors

Debtor's Attendance Required

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 debtor's county of residence generally determines the meeting's location.

County Meeting Location
Honolulu (Oahu) U.S. Trustee Meeting Room, 1132 Bishop Street, Suite 606, Honolulu, Hawaii
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, Hawaii
Maui (including Lanai, Molokai) J. Walter Cameron Center, 95 Mahalani Street, Wailuku, Hawaii

Meeting Date and Time

Bankruptcy Rule 2003 prescribes the time frame during which the 341 meeting is scheduled. In coordination with the Office of the U.S. Trustee, the court gives notice of the meeting's specific date and time. However, any request to change the location, date, or time of the meeting must be directed to the Office of the United States Trustee (808) 522-8150) or the trustee assigned to the case. Generally, rescheduling is not permitted. Note: If a meeting is rescheduled, or held and continued to another date, be advised that many of the deadlines in a bankruptcy case - such as the time to file a proof of claim or an objection to discharge - generally run from the original date set for the first meeting of creditors.

Until further notice, meetings of creditors are being held by Zoom video. Please read this notice from the U.S. Trustee.

Documents Required at the Meeting

Debtors must bring the following documents to the meeting of creditors:

  • 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.
  • 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).
  • The most recent statements for each bank and investment account.
  • Documentation of monthly expenses claimed in calculating current monthly income and disposable income on Form 122A or 122C.
  • Documentation for the valuation of any real or personal property.
  • Any other information requested in advance by the trustee.