341 Meeting and Questions from Creditors

[DAE]

(Chapter 7, pro se)

I have no reason to believe that a creditor will make an appearance at my 341 Meeting, but in the unlikely event that one does appear is there any limits on what a creditor may question me about?

For instance, can my mortgage lender (I am not reaffirming the mortgage) ask me questions about why I stopped paying my mortgage, but continued paying my vehicle loan. Or ask questions about why I’m not collecting unemployment insurance?

These questions have legitimate and honest answers, but in preparation for my 341 Meeting I want to have an understanding of what limits, if any, the creditors face when questioning a debtor at the 341 Meeting.

[AngelinaCat]

From my understanding, the creditor--or attorney, should they appear, may ask questions ONLY regarding their particular debt, that you wish to discharge. They can do nothing else.

If one of your creditors has actual knowledge about some other debt that you owe, but they are not directly concerned, they have to button their lips and sit on it..

I know that this is hard, but PLEASE try to relax. The roof is NOT going to cave in on you tonight. You WILL be okay. We have been where you are right now. {{{HUGGSS}}}

[keepsmiling]

The overwhelming majority of posters here have had NO creditor show at their 341. The few who have, seems it's been a local shopkeeper type. So don't let that get to you.
You might want to visit the 341 thread for reassurance.

[AngelinaCat]

The overwhelming majority of posters here have had NO creditor show at their 341. The few who have, seems it's been a local shopkeeper type. So don't let that get to you.
You might want to visit the 341 thread for reassurance.

Or a spurned spouse... And that seems to be the most vicious of all....

[DAE]

keepsmiling, just a cursory review of the 341 Threads presents numerous posters discussing creditors questioning other debtors (as the poster sat in the 341 Meeting room waiting for their appointment to commence). So, while it may not happen often, it would be too late to worry about it once I arrive at the 341 Meeting. The reality that it doesn't happen to the "overwhelming majority of posters" gives me nearly no comfort ... and I think I have a responsibility to be prepared.

I have been unable to find any statute, case law, or Trustee training material limiting what creditors may ask a debtor about.

[AngelinaCat]

DAE, from the fact that you are sitting at your computer, and researching this forum and other online resources, tells me that you are VERY well prepared, indeed.

In fact, you are over-thinking this, and need to go to bed and get a decent night's sleep. 'Hub and I have been there and done everything you are worrying about, but had not found this forum to assuage our fears.

The trustee may/will ask about what is on your petition. He/she may not deviate from what is on that petition, except to ask questions to clarify something that is on your schedule.

[DAE]

Thanks for your help...both of you!!

[leichenb]

Or a spurned spouse... And that seems to be the most vicious of all....

That was my situation.... My soon to be ex and her atty filed a motion to allow additional time for them to file an opposition. I didn't object as it seemed un-likely the judge wouldn't side with them. I honestly can't imagine any grounds for them to object, but my divorce judge won't proceed with my divorce (despite the discharge) until the case is closed...

[justbroke]

They can ask certain questions, because you're under oath. However, it's not a substitute for a Rule 2004 examination or either a contested matter (via motion) or a complaint (via adversary proceeding). Generally, it's the Trustee's show. If you ever hear of creditors being there, it's usually simple questions like "where's the car?", "can we take pictures?", "would you like to reaffirm?". It isn't generally an "examination" of the debtor (drilling them with questions).

If this does happen, the questions last more than 2-5 minutes, just object and ask the Trustee to inform the creditor that they should proceed more formally and that the 341 is not the correct forum.

[DAE]

justbroke, thank you. My 341 was held on June 1 and was completed without the involvement of creditors.