TRUSTEE MEETING FRIDAY: some help please!

[peterk201]

Can anyone experienced with going to a meeting with the trustee please tell me some of the basic questions that the debtor will be asked. I only know that the trustee wants to know if you understand the different types of bankruptcy options (Chapter 7 as opposed to Chapter 13). Can someone direct me to the links here if this has already been addressed?

I am a pro se litigant and have put a lot of effort into my Chapter 7 bankruptcy (I don't own a house or a car in case anyone's wondering) case. I'd hate to see it all get washed up because I was unprepared for the trustee meeting.

I gathered records to take with me so that I can appear organized, but I just don't know what the trustee will typically ask.


Thank you in advance!

[SadMom]

I had my 341 meeting yesterday. It took longer to get there than the meeting lasted! I was asked my name & address. I then was asked if I had any lawsuits, or if anyone owed me any money. He asked if I listed all my debts, have I transferred any assets in the past year and where did I work? That was it. He said, ok you're done. That's it. wow. By the way, in reference to an earlier question - I am in the Middle District of Florida.

[missy2]

My meeting is on June 10th - ack! Please post an update - ...!

[peterk201]

SadMom: I'm in New Mexico. Was it really that easy? I would think that the trustee will AT LEAST ask if I understand the forms I filled out so that there's no indication of fraud. Did you have a lawyer or were you pro se?

[SadMom]

oh, I forgot - he did swear me in and ask if everything was truthful. I couldn't believe it was so smooth. Pro se, and scared to death.

[edwards2]

We had our 341 May 2. Forms are passed out before the actual cases start explaining BK and the options available to you. You have to sign it. When your case is called they take the paper from you. For us, our attorney asked is if we met with him, discussed our case, etc; the trustee asked us why we were filing, if we had every filed before and a few questions about some of our expenses. The trustee swears you in of course. I was a nervous wreck because we had an expense that could have been an issue but fortunately, the trustee did not have a problem with it. The majority of people on this forum will tell you it is not nearly as scary as you imagine it will be. It is over in a matter of minutes. Unless you have a complicated case you should be in and out. After the 341 you have the waiting game of about 60 days - 30 for the Trustee and 30 for the creditors. Try not to worry. We are all here for you....

[rockobuster]

If the trustee has 30 days to object to your discharge, what about the US Trustee? Does he/she have 30 days also, or 60 days to object?

[LinSC]

Our 341 was a breeze. It lasted less than 10 minutes. We arrived 30 minutes early to listen in on other 341 meetings. Sometimes by doing that you'll get an idea of how your Trustee will conduct the meeting. However, our Trustee was tough on some people and lenient on others. Our Trustee seemed to ask more questions of the people filing pro se rather than those filing with an attorney. Of those people filing without an attorney, I remember him specifically asking where they received their bk paperwork and guidance. Many people tried answering him vaguely (one guy even stated he obtained his bk forms from the IRS!!) and that's when he got tough. My suggestion is to just be honest and to the point - answering only what they ask without offering additional information. You'll do great.

[edwards2]

The 30 days is for the U.S. Trustee. The BK trustee is the gatekeeper. The way I understand it he/she checks over your paperwork; looks for any possible evidence of BK fraud and asks any pertinent questions.; i.e., have you ever filed before, do you have any pending lawsuits, etc. The BK trustee asked us a few questions about a monthly expense and why we filed. Also, if you have an asset case the trustee is responsible for the disbursement of the assets. Typically, again according to what I have heard and understood from others on this forum, the U.S. Trustee rarely overrules what the BK trustee recommends. In Tennessee where I live, there are apparently several BK trustees who are extremely hard on the people who file BK. Fortunately, our trustee was not one of those.

[peterk201]

Just came back from my 341 meeting with the trustee and I've got what I hope will be some valuable info about what to expect for people who want to know.

First, some clarification. I am a pro se litigant. I have no car, and I own no real estate. All my personal property qualifies as exempt according to state exemptions. I have almost $50,000 in debt with 5 credit cards.

I showed up about one hour early, and this was good because from the waiting room I could hear the kind of questions the trustee would be asking, which was pretty much the same for each case. It seemed that the cases in which the debtor owned real estate or a business took more time and required more questions. There were 6 cases set up within half hour time blocks (yes, do the math. That's 5 minutes of questions per case). I was in the meeting room with three other cases. When the first two cases were over the trustee called my name and I got up to sit at a table in the front with the trustee. he had given me a form to fill out regarding bankruptcy law for pro se litigants. It was standard information, so I just signed the back of it. He asked me for the paper along with identification (picture ID and original social security card).

He switched on a tape recorder. Then he said " You are here because the bankruptcy code requires you be interviewed under oath regarding your bankruptcy case." Then I was sworn in. He called for my creditors (none were present). No one came forth, so he began questions:

1. What is your name?

2. Did you read the information sent to you by the court regarding bankruptcy law?

3. Have you ever filed for bankruptcy before?

4. Is the information you reported on all the schedules true and correct to the best of your knowledge?

5. Were the schedules stating your current income and expenses attached?

6. Do you have or did you own any real estate in the past?

7. Did you do any balance transfers on your credit cards within the last 90 days?

8. Did you transfer any of your property or assets to anyone within the past year?

9. Do you have any pending law suits in which someone owes you money?

and the last question:

10. Do you have any questions for me regarding these proceedings?

Trustee: "I have no further questions for you."

That was it. the whole thing took under two minutes. I was being questioned under oath simply as a formality it seems.

Showing up early I was a little more at ease from hearing The other cases. I also learned quite a bit just from listening to some clients speaking to their lawyers. For example, I now know the trustee has 30 days to object to any of my exemptions, and creditors have an additional 30 days after that to object to my discharge (as the above responses have indicated correctly). Yes, I concur with others now that there was nothing for me to be concerned or worried about at the trustee meeting, but it's only natural to be a bit nervous. Furthermore, my case may be quite simple compared to others.

Thanks for all your support!! Good luck to all of you still faced with that BIG 341 meeting!

[Iris]

Hi Peter ~ Glad everything went well for you! I just mailed off my pro se case yesterday. I'm sure I'll be nervous before my meeting too. My court also schedules 12 cases an hour, so hopefully it will be short and sweet!

Iris

[robivi3]

But it can become more complicated depending. My 341 was sweet and simple, exactly the same. The reports of abandonment were done simple and sweet. Then deadlines were extended, abondonments were vacated and the troubles started. The 341 is the first, quick formality, nearly ALL of them are.

That being said, every case is different and will depend on the Trustees evaluation of his chances to extract funds from you.

Remember, NOTHING is impartial in BK Court. You have publicly declared your guilt and stated that you cannot pay your debts. The Trustee is there on behalf of your creditors and the Judge does not have to be impartial and usually favors the Trustees opinion. The Trustee is definitely a friend of the Court (type in your Trustees name, look at his sight and you will usually locate some testimonial from the BK Court in his advertising).

I'm glad that 341's seem to go well, we were all nervous at them, but in general it doesn't mean that there won't be problems. But the 341 is a formality, any problems will usually be brought up later.

[edwards2]

To robivi3 - why were the deadlines extended on your case? I have read a few posts where the trustee did recommend conversion from a 7 to a 13. I do agree while the 341 went well for us too, the waiting game post 341 is more unnerving obviously because we don't know for sure what the trustee will recommend. I know I have been a nervous wreck everytime the telephone rings thinking it is our attorney calling to give us the bad news. So far, so good. We are 33 days post 341 but I won't relax until 7/1 which is supposed to be our discharge date.

[robivi3]

It is pretty much normal procedure for deadlines to be extended if any hint of assets are involved. We were not forced into a 13 but were pretty much hounded. Remember, the Trustee is looking for money. From the reading I had done at the time small asset cases (the trustee gets 20% of the first $5000.00 plus his fees and expenses which usually eat up the other $4000.00) are great for paying the Office expenses while working on the bigger ones. Our case ended happily after a living hell.

Small asset is $5000.00 and under. $10,000.00 and over usually take a couple of years to clear the court. Now please understand that under the old law your homestead in Florida was utterly untouchable and not counted among assets even if paid for.

The fees work on a decling scale but the Trustee is normally VERY wealthy. As I always say, when you see him at the 341 it's in a JC Penny off the rack suit. When you see him talking to his Attorney before your depo he is wearing an Armani hopping into his 600 SEL or whatever high end auto you can imagine.

In a worse case scenario Court matters are not always resolved before discharge. Reading my Pacer information the Trustee extended the time for objections to discharge 180 days beyond the actual discharge date...go figure... So I tend to go by the closing date for relief, but you are not advised when the case closes, only your creditors are. The old folks here in the Forum pretty much know my story. I am told by another debtor that the same trustee siezed every car in the room not two weeks ago, and we are talking 10 to 12 year old clunkers. Under the new law as i understand it the KBB or Market Value of the car will now be the determing factor and not actual condition. The Trustee is enforcing the new law as far as he can at this time and certain items became enforceable the day Bush signed it.

This all being said I wish everyone an EASY discharge but don't be fooled by the 341, be prepared in case the Trustee files objections or motions that may come unexpectedly.

[kawie88]

robivi3, when did you find out your discharge was being extended? I have a question maybe you can answer after the 341 meeting there are 60 days before discharge correct? Is it 30 days for the trustee after the 341 to object to any exemptions? And then the other 30 days is for creditors to object to discharge? I have read and heard different stories regarding this. You sound like you are in the know when it comes to this stuff... Thanks