Montana Mont. LBF 5. APPLICATION FOR CONTINUANCE of Sec. 341(a) MEETING OF CREDITORS is an application form that a debtor or their attorney can use to request a continuance of a meeting of creditors as outlined in Section 341(a) of the Bankruptcy Rules. It can be used in conjunction with other forms to provide information regarding the debtor's financial situation and other relevant details. There are two types of Montana Mont. LBF 5. APPLICATION FOR CONTINUANCE of Sec. 341(a) MEETING OF CREDITORS [MONT. LB 2003-4] available: 1. Application for Continuance of Meeting of Creditors: This form is used to request a continuance of a meeting of creditors. It includes details such as the debtor's name, address, case number, and the reason for the request. 2. Application for Waiver of Meeting of Creditors: This form is used to request a waiver of the meeting of creditors. It includes details such as the debtor's name, address, case number, and the reason for the request.
Montana Mont. LBF 5. APPLICATION FOR CONTINUANCE of Sec. 341(a) MEETING OF CREDITORS [MONT. LBR 2003-4]
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FAQ
Creditors usually do not show up for this meeting. Any of your testimony will be recorded and used against you if there is a dispute. Your answers must be brief and direct.
If a debtor is a corporation or partnership, the debtor's attorney and a responsible officer of the business must attend the meeting. If a debtor does not attend the 341(a) Meeting, the bankruptcy case may be dismissed.
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.
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.
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.
Now, in most consumer cases, creditors don't attend the 341 meeting, even though it's called the meeting of creditors. In probably 95, if not 98% of cases, no creditors actually attend. It's only going to be the trustee that will be asked some questions to verify your financial situation.