What happens if you do not show up for your 341 bankruptcy creditor meeting in New York?

Answer 1

I would never think that not appearing for a court mandated date is a good thing. However, this hearing is held by the court appointed trustee for your case, and I'll bet that contacting him before to say you want to drop your case would get to where you want to go...and as they have overburdend calendars, an appreciateve response. Otherwise, show up and say you don't want to proceed and the Trustee would have to advise the Court. Every debtor, regardless of the chapter, must make one appearance in the case, though it is not really in "court" since the judge is not present. If the petitioner does not appear on the scheduled date of the creditor meeting the trustee will request that the bankruptcy be dismissed and the BK judge will sign off on the petition as being dismissed with or without prejudice. The petitioner will not "get into trouble" in the legal sense, but will forfeit filing and other costs.

Answer 2

Usually if you dont show up at court anywhere you get into trouble. Sometimes they deal with the offence in your absence and this can bring higher fines. Other times they may get a bit stiff; and issue a summons for your attendance. If you dont appear on a summons they issue a warrant and they arrest you if they catch you. A warrant can follow you around for as long as you live... until a day comes when they grab you. If it goes to the warrant stage, jail is likely.

Answer 3

You can have your meeting rescheduled or postponed. But obviously this is if you handled this in a timely manner. I you do not show up without any rescheduling a motion to dismiss the bankruptcy case could be filed. you can find a great explanation in the bankruptcy glossary for the term 341 Meeting below in "sources and related links"

Answer 4

Usually, the trustee will give you a second chance and reset the hearing. If you fail to show a second time, your bankruptcy will be dismissed. If you've missed the first hearing, you will be sent a notice from the bankruptcy court advising you if a new hearing has been set or what the trustee is recommending to the court.