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11 U.S.C. § 341Meetings of creditors and equity security holders

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

The U.S. trustee must hold a creditors' meeting soon after a bankruptcy case starts. The trustee may also call a meeting of equity security holders. Courts may not attend these meetings. A creditor with a consumer debt may attend without a lawyer, and the trustee must question the debtor under oath about bankruptcy's risks.

(a) Within a reasonable time after the order for relief starts a case, the United States trustee must call and preside over a meeting of creditors. (b) The United States trustee may also call a meeting of equity security holders (shareholders or other owners). (c) No court may preside at, or even attend, any meeting under this section, including the final creditors' meeting. Some rules would otherwise require a creditor to be represented by a lawyer at this meeting — a local court rule, a State constitution, other nonbankruptcy law, or any other requirement. This section overrides all of those: a creditor with a consumer debt, or that creditor's representative (which can be an entity, an employee of an entity, or someone representing more than one creditor), may appear at and take part in the meeting in a chapter 7 or chapter 13 case, either alone or together with a lawyer. Still, no creditor is ever required to have a lawyer at this meeting. (d) Before the meeting ends, the trustee must question the debtor, under oath, to make sure a chapter 7 debtor is aware of: (1) the possible consequences of seeking a bankruptcy discharge, including effects on the debtor's credit history; (2) the debtor's ability to instead file under a different chapter; (3) what it means to have debts discharged under this title; and (4) what it means to reaffirm (agree to keep paying) a debt, including what section 524(d) of this title says about that. (e) Even though subsections (a) and (b) normally require these meetings, the court may order the U.S. trustee to skip holding one for creditors or equity security holders. This takes a request from an interested party, notice, a hearing, and a showing of cause — and only applies if the debtor already filed a plan and had gathered support (solicited acceptances) for it before the case began.
the actual law source: uscode.house.gov ↗public domain
(a)

Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors.

(b)

The United States trustee may convene a meeting of any equity security holders.

(c)

The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors. Notwithstanding any local court rule, provision of a State constitution, any otherwise applicable nonbankruptcy law, or any other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than 1 creditor) shall be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors.

(d)

Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of—

(1)

the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history;

(2)

the debtor’s ability to file a petition under a different chapter of this title;

(3)

the effect of receiving a discharge of debts under this title; and

(4)

the effect of reaffirming a debt, including the debtor’s knowledge of the provisions of section 524(d) of this title.

(e)

Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 99–554, title II, § 212, Oct. 27, 1986, 100 Stat. 3099; Pub. L. 103–394, title I, § 115, Oct. 22, 1994, 108 Stat. 4118; Pub. L. 109–8, title IV, §§ 402, 413, Apr. 20, 2005, 119 Stat. 104, 107.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2564
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3099
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4118
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 104, 107

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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