What Questions Will the Trustee Ask at my 341 Meeting of Creditors?
Most people filing bankruptcy want to know what the bankruptcy trustee will ask them at their 341 Meeting of Creditors.
While the trustee’s questions will depend somewhat on your specific file, many of the questions are standard. Knowing some of these questions ahead of time can put you at ease. Reviewing these questions will also help your Meeting of Creditors go quickly and smoothly.
Below is a list of trustee questions. Questions 1-15 are commonly asked. The remaining questions are asked less often. Your attorney should also have a good feel for the “pet” questions your particular trustee likes to ask.
You will notice many of these are “yes” or “no” questions.
If you are asked a “yes” or “no” question, you should give a “yes” or “no” answer.
The trustee will not think you are being uncooperative; he or she will appreciate your helping to expedite your case.
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Some typical questions asked at a 341 Meeting of the Creditors:
- Do you still live at the address listed on your bankruptcy petition?
- What is your marital status?
- Have you or your spouse ever filed bankruptcy before?
- Did you review and sign your bankruptcy filing?
- Did you understand the contents of your bankruptcy filing?
- Did you receive the trustee’s information sheet? (We give you a copy at your initial consultation. We will give you another copy on the day of your Meeting of the Creditors.)
- Did you list all of your assets?
- Did you list all of your debts?
- Have you ever used a different social security number?
- If your spouse is not filing with you, does he or she own any assets you have not listed in your bankruptcy filing?
- Does anyone owe you money?
- Do you have any potential legal claims against any people or any companies?
- Do you pay any domestic support obligations (alimony or child support) to anyone? Does anyone pay them to you? If so, give the name and address of the other party.
- Has anyone recently died from whom you might inherit money?
- Do you understand you must notify the trustee’s office if you inherit anything during the 6-month period after your bankruptcy discharge?
- Have you filed your tax return for the most recent tax year?
- Have you received your tax refund for the most recent tax year?
- Do you expect to receive a refund when you file your taxes next year? If so, how much do you expect to receive?
- If you did not list a car on your assets schedule, the trustee might ask you what you do for transportation.
- Have you owned real estate in the past 4 years? If so, what is the status of it? (You still own it, you sold it, foreclosure, short sale, deed in lieu, etc.)
- If you sold real estate within the past 3 years, did you make a a profit? If so, how did you spend it?
- If you have not yet lived in California for a full two years, the trustee will ask you some questions about your previous state of residency to determine if you are using the correct state’s exemptions.
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