Louisiana Request to Reschedule 341 Meeting

State:
Louisiana
Control #:
LA-SKU-0056
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Description

Request to Reschedule 341 Meeting

A Louisiana Request to Reschedule 341 Meeting is a formal document used to request that a 341 Meeting of Creditors, which is often the first step in a bankruptcy case, be postponed or rescheduled. This document is typically used when the debtor is unable to attend the scheduled 341 Meeting due to an emergency or other unexpected circumstances. There are two types of Louisiana Request to Reschedule 341 Meetings: one for individual debtors and one for joint debtors. Both forms require debtors to provide details about the reasons for the request, the date of the originally scheduled meeting, and the proposed new date and time for the meeting. Additionally, debtors must provide their contact information, including name, phone number, mailing address, and email address. The completed request must then be filed with the court and a copy must be sent to all creditors and the U.S. Trustee.

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FAQ

In some jurisdictions the bankruptcy court is responsible for scheduling the section 341 meeting, but often it is the standing trustee's responsibility. Generally, first meetings of creditors must be scheduled between 21 days and 50 days after the order for relief.

At the meeting of creditors?also called the 341 hearing?the debtor meets with the trustee appointed to oversee the case. The trustee will check identification and ask a series of questions about the bankruptcy paperwork. Creditors can attend and ask about financial matters as well, although few appear.

The 341 meeting may be continued if: You did not bring adequate proof of identify. The trustee needs more documentation from you to verify information your petition. A creditor needs more time to question you about your obligations.

Time wise, the 341 meeting is held about 45 days after the case has been filed. While in some instances a 341 meeting can be rescheduled, that is pretty exceptional and it's going to be on a case by case depending on your trustee and the judge that's assigned to your case.

It is also referred to as a 341 meeting because it is mandated by Section 341 of the Bankruptcy Code. Creditors are not required to attend these meetings, and do not waive any rights if they do not attend.

Who Will Be at the Chapter 7 Meeting of Creditors? A judge won't preside over the meeting of creditors. In fact, most Chapter 7 debtors don't see a judge at any point throughout the case. Instead, the Chapter 7 bankruptcy trustee appointed in your matter will conduct your meeting of creditors.

Failure to attend the Section 341 meeting without the prior agreement of the Chapter 13 Trustee or the Bankruptcy Administrator, as applicable, may result in the filing of a Motion to Dismiss the case by the Trustee or the Bankruptcy Administrator.

The Court enters an order discharging individual Debtors after all requirements are met, but no sooner than the last day to object to the Debtor's Discharge. This is usually 60 days after the 1st setting of the 341 Meeting of Creditors unless a motion is filed with the court to extend that time.

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Louisiana Request to Reschedule 341 Meeting