What Will a Trustee Ask Me During Bankruptcy?

After filing a bankruptcy petition, the bankruptcy court will schedule a creditors’ meeting. These meetings are often called Rule 341 meetings because they are authorized under Rule 341 of the U.S. Bankruptcy Code. Your creditors have a right to appear at this meeting, but in many cases, only the trustee who has been appointed to your case will be present to ask you questions about your petition to file for bankruptcy. Sometimes people are nervous about the 341 meetings, but there is no reason to be. 

Your bankruptcy lawyer can help you understand what will happen and the questions the trustee may ask you. Your attorney will be attending the meeting with you, but they will not be able to answer the questions for you. However, your attorney can help you understand the question by clarifying it when needed. Your attorney can also clear up misunderstandings and state objections to questions. You will need to bring your photo ID and Social Security card to the meeting. 

Examples of Questions Asked by the Trustee

 Every 341 creditors meeting is different, but some questions come up regularly. Below are some of the most commonly asked questions by bankruptcy trustees during the 341 creditor meeting:

• Did you read the petition, schedules, statements, and related bankruptcy documents before signing them?
• Are you familiar with all the information in your petition, schedules, statements, and related documents?
• Is all the information in your bankruptcy petition and a camping document correct and true?
• Are there any errors or omissions that you are aware of in your petition and accompanying documents?
• Have you correctly identified all of your assets on your schedules? Remember, your assets include anything of value, including real property, bank accounts of any kind, clothes, wedding rings, jewelry, and vehicles
• Have you listed all of your creditors on your bankruptcy schedules, including relatives or anyone else to whom you owe money?
• Have you ever previously filed for bankruptcy? If so, when did you file for bankruptcy, and when was the bankruptcy discharged?
• Is the copy of your tax return that your attorney provided to the bankruptcy office before this meeting a true copy? Is it the most recent tax return you filed?
• Do you have any support obligations such as alimony or child support? If so, to whom are you required to pay support?
• Are your payments on your post-petition domestic support obligations current?
• Have you completed all required tax returns over the last four years?
• Did you receive a tax refund? If so, did you turn it over to the bankruptcy trustee?
• What is the reason you are filing for bankruptcy?
• How did you arrive at the values you stated for your personal property items on your bankruptcy schedules?

Discuss Your Case With a San Diego Bankruptcy Lawyer Today

Are you considering filing for bankruptcy in San Diego? Do you have questions about what the process will be like or what will happen at your 341 creditors’ meeting? If so, the Bankruptcy Law Center is here to help. Contact us today to schedule a consultation with one of our experienced bankruptcy lawyers.