Is a 341 like an interragation of sorts?

[AllMyFault]

If creditors show up to object do you feel like a criminal? My wife is very intimidated by this...she has heard some awful things about 341's. If ceditors don't show up how deep is the questioning from the trustee? I know this is a bit of an 'open' question but we're just still trying to get a feel for things. Can someone post what the 'general' line of questioning may be from the trustee...again, subjective I know. We are in CA. Thanks in advance.

200k in personal and business debt....unsecured.

[SleepWellNow]

We're also in So. Cal and had approx. $300K in unsecured debt (mostly business debt from a failed business). No creditors showed up for our hearing. The Trustee asked the standard questions...name, address, did you read the petition, etc. He also asked about any business inventory, receivables...basically looking for any assets to distribute. That was about it. I don't think it lasted more than 5 minutes or so. Then the Trustee said "thank you" and we got up and left with our attorney. Looking back, my anxiety and worry was all for nothing. When it was over, my husband and I stood outside the hearing room and just looked at each other in amazement. We couldn't believe is was that simple. Just tell the truth and try to put your worry aside. It will be over before you know it.

My best to you and your wife.

[WillinVT]

When my wife and I had our 341 meeting back in August, I really did not know what to expect. You can read about other peoples experiences on this board to get a sense of how things are done, but every court / district is different and each trustee is different.

I have read posts on here saying that people are asked 5 questions at there 341 meeting; my wife and I were asked 15 questions. Again, every case is different.

The best thing to do is find out when your district is having 341 meetings and watch.

This maybe rare, but the day of my 341 meeting, a secured creditor showed up at one mans case and the trustee actually gave the creditor a hard time because he did not have all of his information in place. It was pretty amusing... Especially when the entire room starting laughing. You could tell the creditor felt stupid because his face turned beat red

[howtoplan]

Take a deep breath. You and your husband are going to be fine. The few minutes of (more than likely) "standard questioning" will be easy. In comparsion to the stress you have already experienced leading up to the BK. good luck

[leena]

I have gotten nothing but reassurance re the 341, and most people here seem to have a pretty good experience with it (well, except for backtoschool, but her situation was kinda special and her trustee was unusually mean!). I have been told time and time again that creditors hardly ever so up, and in the rare event they do, they are not abusive at all.

I am actually getting to a place where I am looking oddly forward to my 341, becuase whatever happens at least it will be behind me!

[AllMyFault]

Thanks everybody....this board is so cool....glad I found you!

[zpbk13]

Just another reassurance post. You will be fine. I couldn't believe I freaked so much and it was over in about 10 minutes. Yes, the trustee did ask more questions than I anticipated but as another poster said, if you are honest (and I am sure you are) then you have nothing to worry about. I told my attorney I was so nervous about the 341 that she suggested I come down and watch a few. That helped alot to put my anxiety to rest. If you can attend one, you should.

[AngelinaCat]

Typically you will need to bring two forms of ID. One will be your driver's license because it has your picture; the other will be your SS card. If you need to bring anything else, you will be told beforehand. Your names need to agree with what is on the cards. One lady at our 341 session, had divorced and resumed using her maiden name, but had not changed the name on her DL. Her 341 was continued for a month for her to get that straigtened out. She had other problems as well.

You and your spouse will be sworn in and you will be tape-recorded. The questions will pretty much be as others have said: name, address, did you read the paperwork, is everything correct, did you sign it, does anyone owe you any money, are you expecting any inheritances witihn the next 180 days, and so on. There may be additional questions specific to your situation, but by and large it isn't too bad. The anticipation beforehand is the killer.

I will add that you need to leave home plenty early so that you have time to avoid traffic and parking problems. If you don't know where the place is, once you have the address, go a couple of days before, so that you will know exactly where it is and what the parking situation is.

Good luck to you. You will do fine.

[LSUTiger32]

I would think that the percentage of creditors that show up for 341's is less than 1%. I watched 5 cases the day we were there and there were crickets everytime the TT asked if creditors were present.

As far as the TT goes, yes he is going to question you about your stuff after he asks the basic questions. I wouldn't call it an interrogation though. I felt pretty comfortable with my attorney sitting right there becuase she was quick to add to our statements with "legalease" that seemed to help the TT move on to the next thing.

5 minutes and it was over!

[backtoschool]

I have gotten nothing but reassurance re the 341, and most people here seem to have a pretty good experience with it (well, except for backtoschool, but her situation was kinda special and her trustee was unusually mean!). I have been told time and time again that creditors hardly ever so up, and in the rare event they do, they are not abusive at all.

I am actually getting to a place where I am looking oddly forward to my 341, becuase whatever happens at least it will be behind me!

Like leena says, my 341 was the exception NOT the rule. I got grilled because I had a high income for the past ten years and had an income way below the median for my six month look back period that only consisted of unemployment insurance.

Most people do NOT get grilled at their 341. If you are honest on your petition, have proof of your income for the last six months, know what your house and car are worth, and have an explanation for why you are filing bankruptcy, you will be fine and your 341 will last 5 minutes. My trustee asked everyone about the value of their house (if they had one) and their car and asked everyone why they were filing for bankruptcy.

The only creditors in the room at my 341 were local credit unions that were there to ask questions about secured debt. (cars, boats, trailers, etc.) My credit union is at the opposite end of the country from where I filed, so I had no creditors show up for me.

[LSUTiger32]

Like leena says, my 341 was the exception NOT the rule. I got grilled because I had a high income for the past ten years and had an income way below the median for my six month look back period that only consisted of unemployment insurance.

Most people do NOT get grilled at their 341. If you are honest on your petition, have proof of your income for the last six months, know what your house and car are worth, and have an explanation for why you are filing bankruptcy, you will be fine and your 341 will last 5 minutes. My trustee asked everyone about the value of their house (if they had one) and their car and asked everyone why they were filing for bankruptcy.

The only creditors in the room at my 341 were local credit unions that were there to ask questions about secured debt. (cars, boats, trailers, etc.) My credit union is at the opposite end of the country from where I filed, so I had no creditors show up for me.

Yeah I should have mentioned that I did get somewhat grilled on the few little piddly assets I have (kids college funds, 401K contributions for the year and tax return). However, for the most part it was cordial and my TT actually seemed like a pretty nice guy.

[2manybills]

If creditors show up to object do you feel like a criminal? My wife is very intimidated by this...she has heard some awful things about 341's. If ceditors don't show up how deep is the questioning from the trustee? I know this is a bit of an 'open' question but we're just still trying to get a feel for things. Can someone post what the 'general' line of questioning may be from the trustee...again, subjective I know. We are in CA. Thanks in advance.

200k in personal and business debt....unsecured.

Believe me, Southern California Courts are so crowded. There were no creditors there harassing people. The trustee's are way too busy getting the cases pushed through, and unless there is something out of line on your case, or your attorney has not provided the trustee with all of your documentation, you will be fine. Our 341 lasted a total of 3 minutes tops!

Our basic questions were:

1. State your name;
2. Have you read your petition;
3. Is your petition correct;
4. Is everything listed on your petition.

Thanks and have a good day!

[majorwest]

Well aside from the reassurances above, I think I'm still going to save a xanax pill for the day of my 341 meeting, lol.

[liz417]

I'm in Ca too and trust me, there are just too many cases for the Trustee to go over with a fine-tooth comb! You'll be in and out of there in no time If you've got nothing to hide, just answer the questions truthfully...everyone in that room is nervous, so you won't stand out.

P.S. I felt like "cattle" moving from big room to smaller room to Trustee's room, taking a seat and waiting my turn...then done...out the door...

[drowningNdebt]

I can't speak from experience but my attorney told me it's like a "BIG PARTY" LOL