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    How likely...341 questions??

    How likely will the trustee ask us about payments made to credit cards within the last year? I asked our lawyer point blank if we would be asked about making more than the minimum payment on my moms credit card (which we stopped making large amounts in August), but our lawyer said the trustee will not be concerned about that, only in the last 90 days if we have.

    Has anyone been asked this question that exceeded 90 days time frame??

    I know to answer honestly if asked, but how exactly do I answer?

    #2
    I don't recall being asked about credit card payments beyond 90 days prior to filing. At that point, I was still on the fence about filing the 13.
    Filed Ch 13 November 2013, discharged March 2019

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      #3
      I really doubt he'll ask, my trustee didn't. All they care about is if you're hiding assets and if you have anything they can sell to pay off the creditors. They won't care about your credit card payments unless they're massive, which would be considered preferential payment.

      There's a sticky here on questions the trustee might ask, check it out, it really helped me!

      Comment


        #4
        Originally posted by lkhmom View Post
        How likely will the trustee ask us about payments made to credit cards within the last year?
        Payments, and income are on your Statement of Financial Affairs. Unless the Trustee sees some sort of pattern, they are not going to ask about your credit card payments in the last 90 days (or even a year).

        They are only worried about payments to creditors that you paid as a preference. That means, you paid creditor A, but you didn't pay creditors B, C, D... through Z. That is because they can claw back the money from creditor A to disburse between creditors A through Z. That's the job of the (panel) Trustee.

        Originally posted by lkhmom View Post
        Has anyone been asked this question that exceeded 90 days time frame??
        Very unlikely. It's not even worth speculating. However, since these are payments on behalf of an insider, a snoopy Trustee could probe deeper. I would not go there or worry about that right now. It is what it is. Your attorney is your resource. Lean on your attorney to deal with it when and only if the Trustee goes down that path.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Originally posted by Kay2017 View Post
          I really doubt he'll ask, my trustee didn't. All they care about is if you're hiding assets and if you have anything they can sell to pay off the creditors. They won't care about your credit card payments unless they're massive, which would be considered preferential payment.

          There's a sticky here on questions the trustee might ask, check it out, it really helped me!
          I have been checking it out... it's been helpful... I think I seen someone had said from long ago they were asked about payments dating back a year. That's what got me concerned and wondered if this would be common practice.

          Comment


            #6
            Originally posted by justbroke View Post
            Payments, and income are on your Statement of Financial Affairs. Unless the Trustee sees some sort of pattern, they are not going to ask about your credit card payments in the last 90 days (or even a year).

            They are only worried about payments to creditors that you paid as a preference. That means, you paid creditor A, but you didn't pay creditors B, C, D... through Z. That is because they can claw back the money from creditor A to disburse between creditors A through Z. That's the job of the (panel) Trustee.

            Very unlikely. It's not even worth speculating. However, since these are payments on behalf of an insider, a snoopy Trustee could probe deeper. I would not go there or worry about that right now. It is what it is. Your attorney is your resource. Lean on your attorney to deal with it when and only if the Trustee goes down that path.
            Thanks so much justbroke You have been a blessing here answering questions, keeping me calm. haha!

            We have our meeting in early April..... it can't get here fast enough and be over!!

            Comment


              #7
              Had my 341 in October, I was the first name called with my attorney and there were about 20 other debtors in the room, didn't see any attorneys trying to defend the creditors though, so I guess it is rare they show up to ask questions to the debtor.

              It literally took 5 minutes from the time the Trustee called us up, to us exiting the room, literally 5 minutes I looked at my phone. I was not asked about anything odd, I was just asked some basic questions after being sworn in. Here it is many months later and all is going extremely well. I use the TFS website to have payments taken out, it's pretty smooth also no hiccups yet.

              Comment


                #8
                Originally posted by Trevor View Post
                Had my 341 in October, I was the first name called with my attorney and there were about 20 other debtors in the room, didn't see any attorneys trying to defend the creditors though, so I guess it is rare they show up to ask questions to the debtor.

                It literally took 5 minutes from the time the Trustee called us up, to us exiting the room, literally 5 minutes I looked at my phone. I was not asked about anything odd, I was just asked some basic questions after being sworn in. Here it is many months later and all is going extremely well. I use the TFS website to have payments taken out, it's pretty smooth also no hiccups yet.
                Glad yours went well... thanks for the comment. I am ready for this to be over!!

                Comment


                  #9
                  Originally posted by lkhmom View Post

                  I have been checking it out... it's been helpful... I think I seen someone had said from long ago they were asked about payments dating back a year. That's what got me concerned and wondered if this would be common practice.
                  i don't think it is unless the trustee sees something fishy, and it doesn't sound like there's anything to catch his attention here.

                  If your attorney says the trustee won't care, then I wouldn't worry about it. Your attorney knows what the trustee's going to be looking for. I asked my attorney about a bunch of stuff and he said the same thing, "The trustee won't be looking at that." And he was right!

                  It'll be over before you know it, hang in there!!

                  Comment


                    #10
                    Originally posted by Kay2017 View Post

                    i don't think it is unless the trustee sees something fishy, and it doesn't sound like there's anything to catch his attention here.

                    If your attorney says the trustee won't care, then I wouldn't worry about it. Your attorney knows what the trustee's going to be looking for. I asked my attorney about a bunch of stuff and he said the same thing, "The trustee won't be looking at that." And he was right!

                    It'll be over before you know it, hang in there!!
                    Thanks for your reply! The first week in April can't get here fast enough!!!

                    Comment

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