What’s The Trustee Going Ask, You Ask?
Questions Asked At The Meeting of Creditors
About 30 days after you file your bankruptcy, you’ll have to attend the 341 Meeting of Creditors. Information about this meeting can be found throughout this website, and at the following link: 314 Meeting Information. The trustee will have the opportunity to ask you several questions, and your creditors are also invited to question you should they wish (though they rarely show up at all). The following questions are some of the more common questions, and you should review these prior to the meeting, ensuring that you’ll be able to competently answer the questions asked at your meeting of creditors.
While it is almost certain that that Trustee will not ask all of the following, it is equally certain that you should expect several of them. Please review these questions, and if you cannot answer any, you have a bit of work to do.
First, you’ll be asked for ID and proof of your social security number. Generally, this is your driver’s license and social security card. Other forms of ID and proof will work, and you should consult with your attorney if you do not have these.
You’ll also be asked if you’ve read the Statement of Information provided by the US Trustee. This is a single page document that you should have already reviewed with your attorney prior to the meeting. If you haven’t seen this document yet, copies are available at the Meeting for you to read through.
Question that Follow
- Have you ever filed bankruptcy before?
- Have you listed all of your creditors?
- Have you listed all of your assets?
- Did you sign the documents filed with the bankruptcy Court?
- Are you personally familiar with the petition filed in your case?
- Did you review the Petition before you signed it?
- Did you review this Petition with your attorney before you signed it?
- Are there any errors of omissions you want to bring to my attention at this time?
- Is the tax return your attorney sent me a true and accurate copy of the most recent tax return you filed?
- Do you have any claims for personal injury, workman’s compensation or other lawsuits?
- Are you holding any property for anyone?
- In the last two years, have you sold or transferred anything of value?
- Have you paid back and friends or relatives any money you may have owes them in the last two years?
- Are you subject to a domestic support obligation (Child support / Alimony)?
- Have you been subject to a wage garnishment?
- In the last 90 days prior to filing, have you paid more that $600 to any single creditor?
Real Estate Related Questions
- Did you the list fair and a reasonable value for your property?
- How did you arrive at the value for your property?
- Is that an accurate value of what you could sell it for today?
- How much did you originally purchase the property for?
- How much do you owe on the property?
- When did you purchase it?
- Have you made significant improvements?
If the Trustee has more specific questions regarding your debts or property, she or he will follow up on those. The above questions are the most common, but by no means an exhaustive list. Like in any legal proceeding, you should prepare for this meeting, and consult with your attorney. The most important aspect of the 341 Meeting is complete honesty. The questions will be done under oath and potential penalty of perjury. Prepare thoroughly and answer honestly, and you’ll have nothing to worry about.Markwell Law, LLC 9979 WingHaven Blvd. Ste 210 O’Fallon, MO 63368 636-486-1093
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By: Guss Markwell