Section 341 Meeting of the Creditors

Time and Place

Ordinarily, within twenty to forty days after the order for relief, a meeting of creditors is held at the courthouse in San Diego, or at another location within the Southern District of California, designated by the United States trustee for the convenience of the parties in interest. This meeting, which had been known under the Bankruptcy Act as the "first meeting of creditors," is referred to under the bankruptcy Code as the "section 341 meeting of creditors." Bankruptcy Code §341(a); Bankruptcy Rule 2003(a). A lawyer from the Pacific Bankruptcy Center who resides in San Diego will attend this meeting with you.

Meeting of Equity Security Holders

When appropriate, a meeting of the debtor's equity security holders also may be convened by the United States trustee. Bankruptcy Code §341(b).

Notice

The clerk of the bankruptcy court for the Southern District of California must provide by mail at least twenty days notice of the section 341 meeting to all parties in interest, including the bankruptcy debtor, the trustee, all secured and unsecured creditors, equity security holders in a Chapter 11 bankruptcy case, indenture trustees, appropriate taxing authorities, and holders of community claims. If notice by mail is impracticable, the San Diego Divisional office of the court may order that notice be given by publication. Bankruptcy Rule 2002(a), (1) In a reorganization case under Chapter 11 of the bankruptcy code, equity security holders also must be notified of any section 341 meeting of equity security holders. Bankruptcy Rule 2002(d).

Contents of notice: The notice of the section 341 meeting of creditors also includes notice of the order for relief. Bankruptcy Code §342(a); Another words it will say specifically 

"A bankruptcy case concerning the debtor (s) listed below was filed on “12/3/07”.
 

The 341 Notice will also state who represents the debtor in the bankruptcy case: Attorney for the Debtor (s) name and address, e.g. The Pacific Bankruptcy Center, San Diego California.

The section 341 notice also provides notice of the automatic stay Bankruptcy Code §362(a) as follows:

                    "Creditors May Not Take Certain Actions"

"In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor, the debtor’s property, and certain co-debtors. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case."

Notice of Final Dates For:

The section 341 notice also provides notice of the final dates for:

1. Filing proofs of claims Bankruptcy Code §501 (a);

2. Filing complaints to determine the dischargeability of specific debts Bankruptcy Code §523(c);

3. Filing objections to the debtor's entire discharge (in a Chapter 7-case) Bankruptcy Code §727(a); and

4. Filing objections to the debtor's claim of exempt property Bankruptcy Code §522;

United States Trustee Presides

The section 341 meeting is not a judicial hearing; thus, the United States trustee (or an assistant United States trustee) convenes and presides at the meeting. However in actual practice an interim Chapter 7 Trustee is appointed to preside at the meeting on behalf of the US Trustee.

This procedure is designed to separate the administrative functions from the judicial functions of the bankruptcy court. Moreover, the bankruptcy judge is prohibited from attending the section 341 meeting since facts and circumstances concerning issues to be adjudicated by the court in subsequent proceedings in the bankruptcy case are likely to be discussed. Bankruptcy Code §341; The purpose of the hearing is to examine the bankruptcy debtor.

United States Bankruptcy Court for the Southern District of California
http://www.casb.uscourts.gov/
Jacob Wienberger United States Courthouse
325 W. F Street
San Diego California, 92101-6988
(619) 557-5620

 

California Southern District Court
http://www.casd.uscourts.gov/
4290 Edward J. Schwartz
United States Courthouse
940 Front Street
San Diego, CA 92101

 

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