Best Practices for 341 Meetings

Updated 9/8/2020

Terry Donahue and Mark Waldron, Tacoma Panel Trustees


As we continue to practice in the midst of the Covid-19 pandemic, and are anticipating an increase in consumer bankruptcy filings, we felt it may be helpful to provide a series of “Best Practices” tips for dealing with the trustees and 341 meetings. Following these best practices will save time and extra efforts at the 341 meeting by avoiding any continuances or requirements to provide additional information. As of the date of this memo, the U.S. Trustee has extended the requirement to conduct 341 meetings telephonically for all cases filed through October 10, 2020.

Please consider the following best practices tips for your next 341 meeting. The tips are explained in more detail in the commentary below.

  • To prepare for the 341 meeting, give the debtor a copy of the final petition, schedules and other documents to review.
    Inform the trustee right away of any mistakes or discrepancies.
  • Provide the 4002 documents to the trustee no later than 7 days before the 341 meeting.
    At the same time, provide the trustee with verification of the debtor’s identification.
  • Make sure your client has the UST-provided conference call information, mutes their phone, and is in a quiet environment.
  • Need to continue the 341? See the UST’s policies, linked below.
  • Need a translator? The Trustee needs at least 2 days’ notice.

341 Meeting Practice Tips

In preparation of the 341 meeting, if the debtor has not already been provided with a final copy of the bankruptcy petition, schedules, and other filed documents, they should be provided to the debtor with a direction to the debtor to review the documents once again, both to prepare for the meeting of creditors and to ensure that everything is complete and accurate.

It is advisable to inform the trustee of any mistakes, changes or discrepancies as soon as possible before the 341 meeting, or, if you believe the case will likely require the trustee to administer assets, let the trustee know about that aspect of the case. Please do so by email or a telephone call sooner than later. Doing so helps avoids protracted questions and delay at the 341 meeting. It also helps you to focus on the issues in the case and prepare your client for the hearing. If necessary, any such issue should be subject to an amended schedule(s) as soon as possible as well.

4002 documents (comprised of 1) bank statements for all listed accounts which include the balance on the date of filing; 2) a complete copy of the last filed tax return--including all attached schedules; and 3) pay advices for the debtor and any spouse for the sixty(60) days prior to filing) must all be provided to the trustee no later than seven (7) days before 341 meeting. Please have someone in your office review the 4002 documents before they are provided to the trustee to ensure compliance. It will save time at the 341 meeting if the 4002 documents are complete, legible, and in order, but do not contain more information than required (ex: the trustee does not need six (6) months of pay advices or bank statements). Specific instructions about how each trustee would like to receive 4002 documents for their cases can be found at Also, if there are issues with the 4002 document production, let the trustee or the trustee’s paralegal know of the issue. Also, the declaration must contain a “wet signature”, not an /s/.

The debtor shall copy, scan, or take a picture of his/her/ valid ID and proof of SSN and provide the identification documentation to the assigned trustee before the 341 meeting. If the debtor has counsel, counsel may deliver these documents to the trustee. It is extremely helpful that the trustee receive the identification verification seven (7) days prior to the 341 meeting along with the 4002 documents.

In advance of the telephonic hearing, ensure your client has the correct call in information, knows they must mute their phone, and should not be calling in from a noisy location. Have them use the official telephonic system, not your office conference call system. The trustee will ask the list of 10 required questions on the attached list from the U.S. Trustee. He or she may also ask additional questions, depending the trustee’s judgment and discretion, and when it is appropriate, such as when the debtor has/had a business or a personal injury claim.

If a 341 meeting needs to be continued, please consult the US Trustee’s policies for rescheduling 341 meetings.

Lastly, if your debtor will require a translator, please contact the trustee at least 2 days prior to the 341 meeting. There are protocols in place for trustees to utilize a telephonic interpreter service but he or she must be aware of the need ahead of the 341 meeting to make the necessary arrangements. We are having delays and difficulty with the translation system during this pandemic, so this will make that process a faster and more efficient one and leave your client less anxious when it goes more smoothly.