S.D. Miss. Bankr.: Reminder - New Procedure when Debtor Fails to Appear at 341 Meeting of Creditors

United States Bankruptcy Court - Southern District of Mississippi

Subject: New Procedure when Debtor Fails to Appear at 341 Meeting of Creditors

Affects: Debtor's Counsel and Pro-Se Debtors

Issue: Debtor does not attend the meeting of creditors

Effective Date: January 1, 2026

When a debtor fails to appear at the 341 meeting of creditors, the trustee may file a motion to dismiss the case. The debtor or debtor’s counsel will have 14 days to file a response. If a timely response is filed, the court will schedule a hearing. If no response is filed, the case will be dismissed without further notice or hearing.

A second option available to the parties before the response deadline expires: The trustee and debtor/debtor’s counsel may submit an agreed order denying the motion and rescheduling the meeting.

If you have questions, please contact Collette Derouen at 228-563-1793.

Danny L. Miller
Clerk of Court