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What Questions Will The Bankruptcy Trustee Ask (341)?

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  • What Questions Will The Bankruptcy Trustee Ask (341)?

    Ok, so you filed and now its time to go to the 341 meeting. Naturally you are a little nervous. You don't need to be just.

    In short, in a Chapter 7 bankruptcy, the trustee may ask questions like these:

    State your name and address.
    Did you list all of your assets and all of your liabilities?
    Do you rent or own property? Have you ever own any real estate in your life?
    What are you going to do with your vehicle? Surrender?
    Are you expecting to receive a tax refund this year? If so, how much?
    Are you expecting to inherit any money in the next six months?
    Have you given away anything for less than its fair market value in the last six months?
    Have you repaid a family member more than $1k in the past year?
    Are you still working at ………?
    Has your monthly income changed since you filed?
    Are your monthly expenses still the same as what is listed on the schedules?
    Do you expect any substantial changes in either income or expenses in the next few months?
    Do you own any property that is not listed on the schedules?
    Are there any additions or corrections that you would like to make to the schedules?
    Have you ever owned a business? Have you lived at your current address for the past three years?
    Have you closed a bank account in the past year?
    Have you used the credit cards for purchases or cash advances within the past 90 days?

    Don't talk more than you need to. Don't divulge more information than what you are asked. Keep your answers short and concise. If you don't understand what the trustee is asking, ask him to repeat.

    After your meeting, come back to the BKForum community and share with us your experience.
    Best of Luck!!

    Here are the official questions from the Trustee handbook, glance over it.

    https://www.justice.gov/sites/defaul..._Questions.pdf










    Last edited by justbroke; 07-19-2017, 02:19 PM. Reason: added current link for Trustee Supplemental Manual
    Our Mission Statement: BKforum.com is a bankruptcy resource site and an online community to comfortably discuss financial issues.

  • #2
    for the whole trustee handbook, you can download from:
    http://www.usdoj.gov/ust/eo/private_...7_Handbook.pdf
    Our Mission Statement: BKforum.com is a bankruptcy resource site and an online community to comfortably discuss financial issues.

    Comment


    • #3
      Thank you for posting this!
      Ch. 7 BK discharged October 26, 2010

      Comment


      • #4
        Question Re: 341 Meeting. Does the Trustee review my checking account statements at the meeting? Just curious if I may have to explain every single cash withdrawal or expense that shows on the Monthly statement fromy my checking account that I give to my lawyer leading up to meeting. I have taken out $200- $300 a few times for food and fixing stuff at the house now that I am not paying my credit card bills and have been able to fix things that needed fixing and finally have some food in the fridge and cupboards.

        Comment


        • #5
          Man thats allot...Does my atty go with me to this meeting?

          Comment


          • #6
            Yes, your attorney should be there with you. My attorney went with me and everything turned out just find.
            Ch. 7 BK discharged October 26, 2010

            Comment


            • #7
              i had meeting today, it was completed in less than 5 minutes. my Aty was with me
              1- (Trustee "2 persons") 1 guy asked my ID and ssn, he checked and returned
              2- sitting in front of laptop, asked me to raise my hand for oath and after he start asking
              -is that your signature on the papers
              -did you mentioned every thing and read it
              -did you buy or sell any property since you file
              -did you sue some one or some one sue you since you file
              -do you live in your own property and is that the value of your house mentioned in papers
              -are you current or behind your mortgage
              -do you only own or joint owner
              -is you spouse filling BC also
              case discharge, thanks have a good day

              so that was less than 5 minutes meeting, i want to say here "what they ask just awnser that in short words mostly in "yes or no"
              ================================================== ============

              Comment


              • #8
                341 Meeting Advice. Just want to give a heads up to some of you about my experience with the 341 meeting. I read about many people saying 5 minutes so easy dont stress. Here was my situation for my chapter 7 : A room full of people and and I was called up with my attorney and sworned in by the trustee. I answered all his questions complete and confident..... When he was finished a gentleman came up from the seating area and introduced himself and his title as US trustee. Basically he was my trustees boss.
                He advised he had a few questions for me about my finances and my situation. It got ugly. This guy went to town on me like a principal would on a student. After the scolding he wanted some basic documents sent to him.
                My lawyer said he was here for a big trial and decided to sit in on my case..... rarely happens though.
                My chapter 7 was discharged and now I just got the final decree. It was stressfull throughout the process but worth it in the end.
                Dont believe the things you read on line about you cant get a job, no credit, no house, your life is ruined after bankruptcy.. this was the best thing for my family and me. Just be prepared for your 341 meeting if it goes like mine. Good luck.

                Comment


                • #9
                  My 341 was smooth and quick. Stood in line to go through the metal detectors for 10 minutes . Several folks in the halls directing people to the correct courtroom. Got a seat inside the courtrom 20 minutes before the 9am start. Courtroom was full.....probably ~100 people. At 9am an announcement was made to start. Chapter 13s were in the courtroom....Chapter 7s were in an adjoining room. A dozen or so names were called to go to the Chapter 7 room. I was one in the first group. We all crammed in the the room along the walls, with a few standing out in the hall. First case was called to the chair, then others followed in the same order the names were announced out in the main courtroom. Trustee asked us all if we were gonna testify the truth. We were asked if anything changed on the petition. Some were asked to provide copies of their tax returns.My attorney had mine. Some were asked questions particular to their case. ALL were asked, did we receive a copy of the petition. Then we were asked was the information in the petition correct. When we answered "YES", we were then told..."YOU ARE FREE TO GO" Like many others have said, less than 5 minutes in the chair.
                  Nothing was said about our tax refunds, but my attorney followed me out in the hall to advise me to let him know how much any refund is....... probably have exceptions left to cover them, and to get the credit counseling.
                  Main courtroom was still full as I walked out.
                  Folks on this forum made the waiting and anticipation of the court day easier because we have knowledge of what to expect. THANKS to all!
                  North Carolina

                  Comment


                  • #10
                    Mine was:

                    State name, address and phone.
                    Did you transfer any property in the last two years?
                    Did you review the documents prior to coming today and can you confirm they are true and correct?
                    Can you sue anyone?
                    Did you pay any credit card more than a minimum payment in the last year?
                    No further questions.

                    Then Best Buy took the stage after which point.
                    Chapter 7 filed: 5/12/13 (over median - no asset) | 341 Hearing: 6/12/13 (Bass & Associates appeared for Best Buy) | Report of No Distribution: 6/12/13 | Discharged 8/18/13 | Case Closed: 8/18/13

                    Comment


                    • #11
                      Oh and he asked about my 2012 tax return and how much my refund was. One hour after the 341, he issued the report of no distribution.
                      Chapter 7 filed: 5/12/13 (over median - no asset) | 341 Hearing: 6/12/13 (Bass & Associates appeared for Best Buy) | Report of No Distribution: 6/12/13 | Discharged 8/18/13 | Case Closed: 8/18/13

                      Comment


                      • #12
                        Here was our experience. You literally walk into this waiting room with about 20-50 other people with their layers that are doing the exact same thing that you are doing. DO NOT BE LATE! Your lawyer will show up about 5 minutes before your appointment. Once your appointment time comes around, you will all, Everyone all parties will go into this room together and sit down, all 20-50 of you and wait.

                        As the clerk calls your name, you will walk to the front of the room and sit down. The clerk will ask you these similar questions:


                        A. Clerk calls your name “Joe Blow” you go to the front and sit down.

                        B. Clerk asks you to please state your name and verify your social security number and address on the recorder. You do so.


                        C. Clerk asks, is this the total debts that you are filing chapter 7 bankruptcy on? You review it and say yes.

                        D. Clerk says are there any creditors here that want to testify against you?


                        E. Usually none of them will show up, if one does they try and make a deal with you. You just say I can’t afford to pay it no matter what the deal is or how good they make it seem, and then they back off, if not get your lawyer involved to help you answer.

                        F. The clerk says is there anyone else here to testify against Joe Blow?, If not, he slams the hammer and says thank you and then says the next name in line, Sue Jones and then you go home.


                        G. It literally takes 2-5 minutes in the hot seat if that.

                        H. About 100 days later you will receive your discharge letter in the mail.

                        Comment


                        • #13
                          I have been reading blog and advice all over the web on the 341 meeting

                          Some say that the trustee will want to ask about sales or transfer of assets from the last 4 YEARS ... Not 6 months??!!? What?
                          Also, one advice listed from an attorney says that you could be asked about all your real estate transaction from the last 10 YEARS!

                          Are these people blowing smoke or is this real?

                          Should I have all this organized and ready for the trustee?

                          Comment


                          • #14
                            Geeznowhat, don't sweat about it so much man, you already have enough on your plate that is going on at this difficult time in your life , I was super worried about it myself too when we went through it and it's really not that big of a deal, and I know what your going through bud, I've been there!!!! We had about 30 people in our group and I didn't see anyone getting grilled from that much questioning!

                            Just a little bit of hope for you,

                            "THERE IS LIGHT" on the other side of this my friend, trust me! If you do it right afterwards you WILL be better off when it's over, I promise you that!

                            We filed our BK in 2012 and then followed Dave Ramsey's audio book total money makeover and now have almost 30k in retirement savings! You CAN do it too! We are living proof of it!

                            I wish you all the best!!!!!
                            You'll have to read our detailed story on here!

                            -Ryan

                            Comment


                            • #15
                              Also, now that I look back at it all, loosing our home hurt so bad at the time but I now realize that it was the best thing that ever happened to us because it got us to our dream home now!

                              And you may be wondering, No we are not rich , or have huge degrees! I am a truck driver and my wife is a school teacher!

                              I've learned these three very important things after Bankruptcy!!!

                              1. Create a Budget!!!!!!!!!!!!!!

                              2. Pay yourself first (retirement account / save till it hurts) no matter what!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

                              3. You control your money not it controlling you!

                              Comment

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