Legal 341 Forms

LEGAL 341 FORMS

This 341 Meeting Certification and Production Statement is entered into by the parties identified below in connection with the bankruptcy case filed with the bankruptcy court. Debtor Name: ; Case Number: ; Chapter: ; Trustee Name: ; Court: .

RECITALS

WHEREAS, Debtor has filed a voluntary petition under Title 11 of the United States Code and a trustee has been appointed to administer assets and conduct the meeting of creditors pursuant to section 341 of the Bankruptcy Code;

WHEREAS, the trustee will convene a meeting of creditors (the "341 Meeting") at which the debtor is required to appear, submit to an oath, testify under penalty of perjury, and produce documents and records relevant to the debtor's schedules, statements, assets and financial affairs;

WHEREAS, the parties desire to set forth the debtor's commitments to attend the 341 Meeting, to produce identified documents, and to acknowledge the legal consequences of sworn testimony and document production;

NOW, THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this document, "Debtor" means the person or entity identified above; "Trustee" means the duly appointed chapter trustee conducting the 341 Meeting; "Documents" means all records, statements, instruments, financial documents, tax returns, bank statements, titles, leases, contracts and other writings reasonably requested by the Trustee to verify schedules and statements filed in the bankruptcy case.

2. MEETING DETAILS

The 341 Meeting is scheduled for Date: at Time: . Location: .

3. DEBTOR REPRESENTATIONS AND CERTIFICATIONS

Debtor represents and certifies under penalty of perjury that the information provided in the petition, schedules and statements filed in this case is true, complete and correct to the best of Debtor's knowledge. Debtor acknowledges that testimony given at the 341 Meeting is under oath and that knowingly providing false information may subject Debtor to sanctions, denial of discharge, criminal prosecution, or other remedies available under applicable law.

Debtor further certifies that Debtor will appear in person at the 341 Meeting unless excused in writing by the Trustee or the court, and that Debtor will bring the Documents described in Section 4 below.

4. DOCUMENT PRODUCTION

Debtor agrees that any Documents listed above or reasonably requested by the Trustee shall be produced in original form where available, or certified copies where originals are not available, no later than the time specified by the Trustee. Failure to produce required Documents may result in the Trustee seeking court orders compelling production, sanctions, or other relief.

5. OATH AND TESTIMONY

Debtor acknowledges that Debtor will be sworn and testify truthfully concerning Debtor's assets, liabilities, income, transfers, and any other matters material to the bankruptcy estate. Debtor further acknowledges that the Trustee, creditors, and their counsel may examine Debtor under oath. Debtor waives any objection to the Trustee's reasonable procedure for administering the 341 Meeting, including remote conferencing procedures if authorized by the court.

6. COOPERATION WITH TRUSTEE

Debtor will cooperate with reasonable requests from the Trustee for additional information or documents following the 341 Meeting. Cooperation includes prompt written responses, production of further documents, and appearance for depositions or continued proceedings if ordered by the court. Debtor acknowledges that failure to cooperate may provide grounds for objections to discharge or for relief from stay where applicable.

7. NOTICES

All notices required or permitted under this document shall be in writing and shall be deemed given when delivered personally, transmitted by confirmed facsimile or electronic mail, or upon deposit with the postal service as certified mail, return receipt requested, addressed to the addresses set forth below or to such other address as a party may specify in writing.

8. GOVERNING LAW

This Certification shall be governed by and construed in accordance with the laws of the jurisdiction of the bankruptcy court in which the case is filed, without regard to conflict of law rules. To the extent federal bankruptcy law applies, such federal law shall control.

9. ENTIRE AGREEMENT

This document constitutes the entire agreement between the parties with respect to the matters addressed herein and supersedes all prior oral or written agreements and understandings relating to the 341 Meeting obligations and document production described herein.

10. SEVERABILITY

If any provision of this document is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the greatest extent possible.

11. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment or modification to this document must be in writing and signed by both parties. No failure or delay by any party in exercising any right hereunder shall operate as a waiver of that right. This document may be executed in counterparts, each of which shall be deemed an original, and facsimile or electronically transmitted signatures shall be binding.

12. MISCELLANEOUS

Debtor affirms that Debtor has the authority to execute this Certification. Where Debtor is a corporation, partnership or other entity, the individual signing for the entity represents and warrants that such individual has full authority to bind the entity.

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