What are the typical Trustee’s questions in 341 Meeting?

As we stated previously, a 341 meeting is a semi-formal meeting which is recorded also, but no need to be very tense as this is usually done in a very friendly manner. This also may not last longer than few minutes. It is an open and public meeting and everyone can watch you. Also, just dress the usual attire, no need to wear suits or fancy dress. We had discussed what to wear separately in this blog. The following are the general questions all of which may or may not be asked in a given day and by one trustee.

1. Are there any creditors or parties in interest here today?

2. Debtor, I have handed you a debtor’s oath form and now asked you to verify your signature on that form. Is that your signature?

3. In signing the form you are indicating that the statements you are about to give will be true and correct under penalty of perjury. Do you understand that?

4. I note for the record that the attorney representing the debtor in this proceeding is [name].

5. I asked previously are there any creditors of the debtor or other parties in interest in the courtroom today for this case and I hear no response.

6. Please state your full name and current address.

7. Please show me your picture ID.

8. Please show me some proof of your Social Security Number.

9. Do you rent or own your home?

10. What is your spouse’s name?

11. When were you married?

12. What was her (your) maiden name?

13. Did you ever have another name?

14. Have you filed a petition seeking relief under the Bankruptcy Code?

15. I show you your petition and ask if that is your petition.

16. Did your spouse file a joint petition with you?

17. If no joint petition was filed] Does your spouse have notice of these proceedings?

18. Is your spouse present today?

19. Is he or she responsible for any of the debts listed?

20. I have handed you a copy of your petition and ask whether you recognize this as the petition you executed and filed with this court.

21. Is that your signature at the bottom?

22. When signing this petition, did you review its contents and assure that all the information contained in the petition was true and correct?

23. Have you ever filed a bankruptcy proceeding before?

24. If you did, did you receive a discharge? If so, when?

25. Have you made any voluntary or involuntary transfers of
real or personal property within the last year?

26. Are any of these credit card claims?

27. Have you returned the credit cards or destroyed them?

28. Do you understand the potential consequences of seeking a discharge in bankruptcy and its possible effects on your credit rating?

29. Are you aware that you may be able to file under a different chapter of the bankruptcy code?

30. Do you understand the effect of receiving a discharge?

31. Do you understand what it means to reaffirm a debt and that you are under no obligation to reaffirm any debts?

32. Does schedule E contain a complete list of all your creditors having priority? If none, state none.

33. Does schedule D contain a complete list of all your creditors having security? If none, state none.

34. Does schedule F contain a complete list of all your unsecured creditors? If none, state none.

35. Does schedule A contain a complete list of all your real property? If none, state none.

36. Does schedule B contain a complete list of your personal property? If none, state none.

37. Have you voluntarily or involuntarily transferred any real estate or personal property within twelve months before you filed your petition?

38. Does schedule C contain a list of all property claimed as exempt and indicate the statutory provisions providing for those exemptions?

39. Does the summary of schedules contain a complete and accurate total of your property and debts?

40. Please show me copies of your most recent bank statements.

41. Are you currently employed and, if so, by whom?

42. Please show me some proof of your current income, such as your most recent pay stub.

43. Has your attorney filed a disclosure of fees?

44. Is that the correct amount that you will pay your attorney for representing you in this matter?

45. What caused your financial difficulties?

46. Are those difficulties continuing or have they ended?

47. Have you paid filing fees and costs?

48. Are there any creditors or other parties in interest who wish to ask any questions?

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2 Comments

  1. Pingback: What are the … – Las Vegas Bankruptcy Blog of Attorney Malik Ahmad | Attorney in Las Vegas

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