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Chapter 7 Trustee's Motion to Dismiss Bankruptcy Case and Declaration that Debtor(S) Failed to Appear at Two 341(A) Meetings of Creditors. Q: Will a chapter 13 trustee be discharged from a case that is automatically dismissed if a debtor fails to produce all requested documents within 45 days.Chapter 7 Trustees Motion To Dismiss For Debtor Failure To Appear At First Creditors Meeting Form. To the Chapter 7 Trustee at the Section 341 meeting of creditors about the Debtors' failure to appear. Section 303(c) of the Code permits a creditor to join in the petition at any time before the case is dismissed or relief is ordered. All such federal tax returns must be filed with the IRS before the date first set for the first meeting of creditors. Accept Less Than the Judgment As Full Payment. On February 6, 2006, the chapter 7 trustee filed a motion to dismiss Debtor's case due to. Debtor's failure to appear at the § 341 meeting. The Bankruptcy Court schedules the 341(a) Meeting of Creditors.