CHAPTER 3CASE ADMINISTRATION
Sub Chapter III Administration
Sec. 343. Examination of the debtor
The debtor shall appear and submit to examination under oath at the
meeting of creditors under section 341(a) of this title. Creditors, any
indenture trustee, any trustee or examiner in the case, or the United
States trustee may examine the debtor. The United States trustee may
administer the oath required under this section.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98-353, title III,
Sec. 436, July 10, 1984, 98 Stat. 370; Pub. L. 99-554, title II,
Sec. 213, Oct. 27, 1986, 100 Stat. 3099.)
Historical and Revision Notes
senate report no. 95-989
This section, derived from section 21a of the Bankruptcy Act
[section 44(a) of former title 11], requires the debtor to appear at the
meeting of creditors and submit to examination under oath. The purpose
of the examination is to enable creditors and the trustee to determine
if assets have improperly been disposed of or concealed or if there are
grounds for objection to discharge. The scope of the examination under
this section will be governed by the Rules of Bankruptcy Procedure, as
it is today. See rules 205(d), 10-213(c), and 11-26. It is expected that
the scope prescribed by these rules for liquidation cases, that is,
``only the debtor's acts, conduct, or property, or any matter that may
affect the administration of the estate, or the debtor's right to
discharge'' will remain substantially unchanged. In reorganization
cases, the examination would be broader, including inquiry into the
liabilities and financial condition of the debtor, the operation of his
business, and the desirability of the continuance thereof, and other
matters relevant to the case and to the formulation of the plan.
Examination of other persons in connection with the bankruptcy case is
left completely to the rules, just as examination of witnesses in civil
cases is governed by the Federal Rules of Civil Procedure.
1986--Pub. L. 99-554 amended section generally. Prior to amendment,
section read as follows: ``The debtor shall appear and submit to
examination under oath at the meeting of creditors under section 341(a)
of this title. Creditors, any indenture trustee, or any trustee or
examiner in the case may examine the debtor.''
1984--Pub. L. 98-353 substituted ``examine'' for ``examiner''.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by Pub. L. 99-554
dependent upon the judicial district involved, see section 302(d), (e)
of Pub. L. 99-554, set out as a note under section 581 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
Participation by Bankruptcy Administrator at Meetings of Creditors and
Equity Security Holders
A bankruptcy administrator or the bankruptcy administrator's
designee may examine debtor at meeting of creditors and may administer
oath required by this section, see section 105 of Pub. L. 103-394, set
out as a note under section 341 of this title.
Section Referred to in Other Sections
This section is referred to in section 1161 of this title.