When an individual files for Chapter 7 or Chapter 13 bankruptcy, he or she must attend a meeting of the creditors, formally known as a 341 meeting. During this meeting, your bankruptcy trustee will ask you a series of questions regarding personal information, debts, and assets that pertain to your case. Each case is unique and therefore, each trustee can ask different questions, but understanding what may be asked of you will help you better prepare for your meeting of the creditors.
Below, Ron Lundquist, Attorney at Law, shares important information about the meeting of the creditors along with example questions a bankruptcy trustee may ask.
The Purpose of Questioning From the Bankruptcy Trustee
Your bankruptcy trustee is responsible for administering your case, which means it’s his or her duty to verify all information disclosed in your paperwork. Before you attend your meeting of the creditors, your trustee will review your bankruptcy petition along with all supporting documentation.
At your 341 meeting, it’s your trustee’s responsibility to have you verify under oath that all of the information you disclosed was truthful and correct. To do this, the trustee will ask you a number of questions to determine if there are any discrepancies between your supporting documentation and your bankruptcy petition.
What Your Bankruptcy Trustee Looks for During Questioning
The primary purpose of a trustee’s questions is to determine whether the information you submitted on your paperwork is accurate and complete. That said, the trustee also asks questions to determine whether you have any undervalued or omitted assets, undisclosed income, or other red flags that may indicate an abuse of the bankruptcy process.
Working with a knowledgeable bankruptcy attorney will help ensure you accurately disclose all of your income, assets, and expenses on your paperwork. Being as accurate and complete as possible with all submitted information will ensure your meeting of the creditors is as simple and brief as possible.
Common Questions Your Bankruptcy Trustee May Ask
There are several things a bankruptcy trustee is supposed to ask during your meeting of the creditors; however, every meeting is unique and so are each trustee’s questions. The following questions address basic information your trustee may ask you about your bankruptcy case:
● Whether you are familiar with all of the information contained within the bankruptcy petition and the schedules you filed, and whether that information is complete and accurate
● Whether you’ve previously filed for bankruptcy
● Whether your bankruptcy paperwork lists all of your creditors and assets
● Whether you signed all required bankruptcy paperwork
● Whether the tax returns you provided are true copies of the tax returns you filed
● Whether you’ve filed all required tax returns in the past four years
● Whether you are expecting a tax refund for the year prior to your bankruptcy filing
● Whether you owe any alimony or child support and to whom
● Whether you have any real estate ownership, either domestic or foreign
● If anyone is holding property for you
● Whether you’re paid by the hour or receive a salary and what your hourly rate/salary is
Please keep in mind the above list is only a brief outline of the questions a bankruptcy trustee may ask. Your trustee may not ask all of the above questions or, he or she may include additional questions during your 341 meeting.
Considering Filing for Bankruptcy? Contact Ron Lunquist, Attorney at Law
If your debt is overwhelming and you’re thinking about filing for bankruptcy, please don’t hesitate to get in touch with Ron Lundquist, Attorney at Law. For over 20 years, my office has proudly served Twin Cities residents, and when you need experienced bankruptcy assistance, I’m here for you, too. To learn more or request a free consultation, call my office today at 651-454-0007 or contact us online.