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What Questions Will The Bankruptcy Trustee Ask (341)?

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  • #16
    What if I used a credit card for small purchases before filing? Nothing substantial basically food etc.. I did not think about bankruptcy until recently though it crossed my mind. Will this be a problem?


    • #17
      Originally posted by stevie2012 View Post
      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.
      Hi, what does no distrubution mean. Does that mean you will not be recieving your IRS refunds?


      • #18
        My 341 was last week. I filed for no-asset Chapter 7; I am surrendering my house. The meeting was held in a small conference room in a federal court building. About 5 other people with the same time slot were in the waiting room area outside the conference room. My lawyer met up with me before my name was called, gave me a copy of my petition and reviewed it with me briefly.

        The trustee's assistant called my name. My lawyer and I went in, sat down. The trustee started the recorder, verified my ID and SSN information, then proceeded with the following questions:
        Is this your signature on the petition?
        Have you reviewed all information on your petition?
        Do you own any real estate? (yes) When did you purchase it? What do you owe on it? What is it currently worth? How much did you pay for it when you bought it? Based on this information, you believe that you would not be able to sell the house to make a profit?
        Based on the information, the trustee recommended no-asset discharge. End of questions, recorder shut off, have a good afternoon. The entire interview took about 3 minutes. The trustee ran through the questions like he was going through the motions--not at all trying to dig for further information or trying to trip me up or anything like that.


        • #19
          Originally posted by lukesky View Post

          Hi, what does no distrubution mean. Does that mean you will not be recieving your IRS refunds?
          "No distribution" means there are no assets for the trustee to seize and sell to pay creditors.
          This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
          Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


          • #20
            Had my meeting this morning for the most part went pretty smooth. The questions were almost word from what is on this thread. There was 3 things that came up that I am going to ask in the forum. Thank you very much for these great tips.


            • #21
              Hey all, just had my 341 today. I'm in the eastern district of NY. Anyhow, I attended a morning session a few days before mine to get a feel for it, and I went early to my hearing for the same reasons. I was doing Pro Se, no asset case, and the whole thing was pretty simple (if filling out a million pages of forms is simple).

              I wrote down what was asked by the trustees (two different ones) in both cases, which I'll provide here.

              FYI, it was pretty informal, just a little room with chairs that people wandered in and out of at will. at the front a desk where the trustee and the trustees assistant sat. At least in these hearings, the trustees weren't overly stern or trying to catch people out. They were no nonsense and the people that seemed to get more respect were prepared and didn't make jokes. A couple people laughed and stuff when certain questions were asked, and that got withering looks from the trustees. These folks are not there to joke around and they take bankruptcy seriously (as should we all).

              When called, they would say the case number then your name. Everyone was instructed to sit right in front of the trustee. From there, you gave your ID and Social Security card, then raised your right hand and swore to tell the truth, the whole truth and nothing but the truth.

              Once done, the first trustee asked:
              1. Is this your signature (on the last page of schedule A I think)
              2. Is this your address? If it doesn't match the ID they inquire. Mine didnt, I just said, I moved, that ID is old.
              3. Have you read and understood the bankruptcy information sheet?
              4. Are there any changes to the petition as received by the court? This is the opportunity several lawyers took to make amendments which were received just fine. No big deal, it happened a lot apparently.
              5. Have you ever filed for bankruptcy before?
              6. Do you own a car? Stocks?
              7. Are you the beneficiary of a will/trust/lawsuit?
              8. Have you used your credit cards within 3 months of your filing? If answered yes, what did you use them for? It seemed that trustee was looking for big purchases. When petitioners said "groceries" or household stuff, this was basically blown off. I think they're looking for abuse of the cards when you know you're going to discharge.
              9. Have you transferred any property in the last 6 years?
              10. Have you repaid any debts withing the last 90 days? This varied with "have you repaid any creditor more than $600 within the last 3 months?"
              11. Your income is stated as (what's on the filing) and expenses are at (what is on filing) is this correct?
              12. Are you a party to a lawsuit?

              Second Trustee -- after all the swearing and and stuff, the second trustee asked (and it was rapid fire, she was diligent about running on time and had time to go back and see if anyone who missed the earlier appearances had shown up):
              1. Is this your signature and address? She showed the petition. Do not read out your address, she stops you b/c it's being recorded.
              2. Is everything in this filing complete and true to the best of your knowledge?
              3. Have you read your petition and understand it?
              4. Have you ever been on the title to any property, house, condo, timeshare, etc?
              5. Have you given away or sold anything in the past year?
              6. Are you entitled to any claims of workers comp, negligence, or party to any other lawsuit?
              7. Are you due an inheritance or insurance settlement, or have any personal injury claims pending?
              8. Do you have bank accounts? If so how many?
              9. If you answered in the affirmative, what is the highest balance on these accounts in the last year? Also if there were business accounts open, she asked if the business was listed, and about if the business has any assets.
              10. Have you closed any bank acounts in the last year
              11. Does anyone owe you money?
              12. Have you paid back any friends or family in the past year?
              13. Have you paid any creditor more than $5000 in the past year? A couple people joked around about this and she did NOT like that.
              14. Do you have a safe deposit box?
              15. Are you suing anyone or thinking of suing anyone?

              Once you answered all those, she said "good luck to you, you're done".

              And that was it. All in all, it was not nearly as nerve wracking as I thought it might be.

              You'll get through it!! Good luck!


              • #22
                There are about 21 standard questions that the Panel Trustee's can choose from the Trustee Handbook. The intent is to validate the petition and discover any other missing information. The Trustee Handbook also has additional example questions for probing -- such as when the debtor owns a business.

                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.


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