Chapter 7 Information

Everyone who files for Chapter 7 bankruptcy—both individuals and businesses alike—must attend a hearing called the 341 meeting of creditors. At the hearing, the bankruptcy trustee—the person responsible for overseeing your case—will verify your identity and ask questions about your bankruptcy filing under oath. Your creditors will also have the opportunity to ask you questions about your financial affairs and the information in your bankruptcy papers (but rarely do).

The Chapter 7 meeting of creditors (also called the 341 hearing) is a meeting at which the bankruptcy trustee and your creditors get to ask you questions under oath about your bankruptcy petition and the documents you’re required to provide to the trustee. The meeting of creditors is essentially a hearing used to verify that the information contained in your bankruptcy papers is accurate and complete.

You’ll also be required to prove your identity by presenting two forms of identification—usually a driver’s license (or a military identification card or passport) and your social security card. These steps prevent and identify fraudulent filings.

Sample Questions a Trustee could ask in a 341 meeting:

  1. Did you sign the petition, schedules, statements, and related documents?
  2. Did you read the petition, schedules, statements and related documents before you signed them?
  3. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
  4. Is the information contained in the petition and all accompanying documents true and correct? Are there any errors or omissions that you are aware of at this time?
  5. Have you identified all of your assets on the schedules? (assets include anything of value including accounts of all kinds, real property no matter if it is located out of the country, or personal property including even clothes and wedding rings).
  6. Have you listed all of your creditors on the schedules? (creditors include relatives and anyone to whom you owe money)
  7. Have you previously filed bankruptcy? (generally bankruptcies older than 8 years for Chapter 7 and less for Chapter 13 are fine, but they still need to be disclosed to the Bankruptcy Court and Trustee)
  8. Is the copy of the tax return your attorney provided to my office before this meeting a true copy of the most recent tax return you filed? (if you have filed a more recent tax return, be sure to give a copy to your attorney a week prior to the meeting, or bring a copy to the meeting if it is even more recent than that).
  9. Do you have a domestic support obligation such as child support or alimony that you owe another? To whom? You will be asked to fill out a form to provide the claimant’s address and telephone number, but do not state it on the record for privacy reasons.
  10. Are you current on your post-petition domestic support obligations?
  11. Have you filed all required tax returns for the past four years? 
  12. Are you expecting a tax refund? 
  13. Did you review the bankruptcy information sheet? 
  14. Have you repaid any debts to family or friends in the last year?
  15. What is the reason for your bankruptcy filing?
  16. How did you arrive at the values you listed for your personal property on your schedules?
  17. Are you paid by the hour or salary? What is your hourly rate/salary?
  18. Identify any ownership interest and mortgages for real estate, even out of the country.
  19. Have you transfered (given away or sold) anything to relatives or insiders in the past two years?
  20. Is there anyone holding any property for you?
  21. Are you holding any property that belongs to someone else?
  22. Do you have a claim against anyone else such as a slip and fall, car accident, worker’s compensation case, personal injury or employment claim pending? 
  23. Do you have the right to sue anyone for any reason?
  24. Are you entitled to life insurance proceeds or an inheritance at this time?
  25. Are you a beneficiary or trustee of a trust?
  26. Do you own a business?

    These are just general questions a trustee could ask.  You can find more helpful information at the US Trustee’s website where they even have simulated 341 meetings that you can watch on youtube!

    https://www.justice.gov/ust/moc

 

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