Updating a Recent 341 Meeting Blog

I recently described what happens in a typical chapter 7 341 Hearing  – the so-called Meeting of Creditors. This previous blog overviews basics of the Hearing, including some of the questions to expect from the Bankruptcy Trustee.

I was discussing the anxiety the 341 Hearing stirs up in many of my clients with a buddy who happens to be a Bankruptcy Trustee. After all, anything called a “Meeting of Creditors” can inspire images of hooded government employees hoisting debtors over the oracle fire of bankruptcy, especially for those people who haven’t witnessed one before. In reality, the 341 Meeting is routine and repetitive for both bankruptcy attorneys and Trustees. The Trustee has certain questions that they ask absolutely every debtor, and must ask everyone. Then, there are case-specific questions each Trustee asks, based on the very unique and idiosyncratic financial details of individual debtor’s bankruptcy petition. While we cannot predict exactly what debtor-specific questions a Trustee will ask (though a good attorney will have an accurate guess as to what the Trustee will want details about), my Trustee buddy pointed me to a publicly-available document: the Trustee’s Questions. And I knew I had to add it to the blog!

Here’s the Questions Every Trustee MUST Ask During the 341 Meeting of Creditors in a Chapter 7 Bankruptcy:

  • Is the address on the petition your current address?
  • Did you sign the petition, schedules, statements, and related documents and is the signature your own?
  • Did you read the petition, schedules, statements, and related documents before you signed them?
  • Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
  • To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
  • Are there any errors or omissions to bring to my attention at this time?
  • Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
  • Have you previously filed bankruptcy?
  • What is the address of your current employer?
  • Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
  • Do you have a domestic support obligation? To whom?
  • Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

One of my professional goals is to demystify bankruptcy and tax law, and hopefully remove some of the anxiety my clients have when going through the process. Of course, if you are considering filing a chapter 7 (or other form of) bankruptcy and find yourself feeling alone or confused in this process, give me a call! We can discuss your specific needs, your anxieties, and if we’d be a good fit.

So straight from my colleagues in the not-so hooded world of Bankruptcy Trustees, I share with you all the exact list of questions you can be asked when you file a Chapter 7 bankruptcy and attend your 341(a) meeting.

January 31, 2024

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