Questions to Expect at 341 Meeting of Creditors by a Bankruptcy Attorney
What questions will the trustee ask at the 341 Meeting of Creditors? Our Sacramento bankruptcy attorneys always provide our clients with a shortlist of standard questions. Our bankruptcy attorneys also fully explain potentially new questions regarding their particular bankruptcy. After receiving numerous requests for a list of possible questions asked at the 341 Meeting of Creditors, our bankruptcy law firm decided to write a post on the subject. The sample questions below are samples and may vary depending on your jurisdiction, trustee, and bankruptcy case. If you have a good bankruptcy attorney, many of the questions are not even asked because the bankruptcy petition is thorough and includes everything the Trustee needs to help make a determination.
341 Meeting of Creditors Process
The hearing room is a relatively small room with a capacity of about 50 people. There are approximately 10-15 cases scheduled during a 60-minutes block of time; however, sometimes it may take longer. The Trustee will call the Debtors in each case and ask them a series of questions. Although creditors will be informed of the hearing and are allowed to attend, it is very rare that any actually show up.
Initial Bankruptcy Questions to Expect at 341 Meeting of Creditors
- State your name for the record. Is the address on the petition your current address?
- Please provide your picture ID and Social Security number card for review.
- If the documents are in agreement with the § 341(a) meeting notice, the Trustee will indicate so on the record with, for example:
- “I have viewed the original State of California drivers license and original Social Security card and they match the name and Social Security number on the § 341(a) meeting notice.”
- If the documents are not in agreement with the § 341(a) meeting notice, the Trustee will indicate so on the record with, for example:
- “I have viewed the original Social Security card and the number does not match the number on the § 341(a) meeting notice. I have instructed the debtor to submit to the court an amended verified statement by [date], with notice of the correct number to all creditors, the United States Trustee, and the trustee; and to file with the court a redacted copy of the notice, showing only the last four digits of the Social Security number, and a certificate of service.”
- Did you sign the petition, schedules, statements, and related documents and is the signature your own?
- Did you read the petition, schedules, statements, and related documents before you signed them?
- Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
- To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
- Are there any errors or omissions to bring to my attention at this time?
- Are all of your assets identified on the schedules?
- Have you listed all of your creditors on the schedules?
- Have you previously filed bankruptcy?
- What is the address of your current employer?
- Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
- Do you have a domestic support obligation? To whom? Are you current on your post-petition domestic support obligations?
- Have you filed all required tax returns for the past four years?
Sample Follow-Up Bankruptcy Questions to Expect at 341 Meeting of Creditors
- Do you own or have any interest whatsoever in any real estate?
- When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?
- If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?
- Have you made any transfers of any property or given any property away within the last one year period?
- If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
- Does anyone hold property belonging to you?
- If yes: Who holds the property and what is it? What is its value?
- Do you have a claim against anyone or any business?
- If there are large medical debts, are the medical bills from injury?
- Are you the plaintiff in any lawsuit?
- What is the status of each case and who is representing you?
- Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?
- If yes: Please explain the details.
- If you become a beneficiary of anyone’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive.
- Does anyone owe you money?
- If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?
- Have you made any large payments, over $600, to anyone in the past year?
- Were federal income tax returns filed on a timely basis?
- When was the last return filed?
- Do you have copies of the federal income tax returns?
- At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?
- If yes: Inquire as to amounts.
- Do you have a bank account, either checking or savings?
- If yes: In what banks and what were the balances as of the date you filed your petition
- When you filed your petition, did you have:
- Any cash on hand?
- Any U.S. savings bonds?
- Any other stocks or bonds?
- Any certificates of deposit?
- A safe deposit box in your name or in anyone else’s name?
- Do you own an automobile?
- If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?
- Are you the owner of any cash value life insurance policies?
- Do you have any winning lottery tickets?
- If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
- Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
- Have you been engaged in any business during the last six years?
- If yes: Where and when? What happened to the assets of the business?
Contact Our Sacramento Bankruptcy Attorneys
Interested in learning more about questions to expect at 341 meeting of creditors? Feel free to contactSacramento bankruptcy attorneys to set up a free initial meeting. Our attorneys walk clients through the entire process and practice questions before the meeting of creditors. Questions are about the individuals’ personal finances and the questions can be more case specific.
Call Us: (916) 241-3336
By: Trevor Carson
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact an attorney for a consultation. This post is considered a solicitation and advertisement. The post does not warrant the outcome of any matter. Sacramento Bankruptcy Attorney on the Questions to Expect at 341 Meeting of Creditors.
Sacramento Bankruptcy Resources
United States Bankruptcy Courts – Bankruptcies are filed in federal courts. Here is a link to the federal courts website for bankruptcies.
United States Bankruptcy Court, Eastern District – A link to the bankruptcy court in Sacramento.