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Bankruptcy Meeting of Creditors - Section 341(a) Meeting

This meeting typically occurs 30 to 45 days after the debtor's case is filed. It is often referred to as the section "341(a) Meeting." It is a relatively simple meeting and, once your name is called, it usually lasts less than 10 minutes. The meeting of creditors is not a test or an inquisition, it is merely a requirement of the bankruptcy process and you should not be overly concerned with it. The meeting is a fact finding meeting and a chance for the trustee to confirm some of the facts of your bankruptcy filing.

Below is a list of questions your trustee is required to ask you. In addition, there is a list of questions the trustee may ask depending on the facts of your case.

Questions The Trustee Is Required To Ask You:


1.   State your name for the record. Is the address on the petition your current address?
  
2.   Please provide your picture ID and social security number card for review.
  
3.   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?
  
4.   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?
  
5.   Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
  
6.   Have you previously filed bankruptcy? (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)
  
7.   What is the address of your current employer?
8.   Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
  
9.   Do you have a domestic support obligation? To whom? Please provide to me the claimant’s address and telephone number, but do not state it on the record.
  
10.   Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

 

Questions The Trustee May Ask You:


1.   Do you own or have any interest whatsoever in any real estate?
  
2.   Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)?
  
3.   Does anyone hold property belonging to you?
  
4.   Do you have a claim against anyone or any business? If there are large medical debts, are the medical bills from injury? Are you the plaintiff in any lawsuit? What is the status of each case and who is representing you?
  
5.   Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?
  
6.   Does anyone owe you money?
  
7.   Have you made any large payments, over $600, to anyone in the past year?
  
8.   Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?
  
9.   Do you have a bank account, either checking or savings?
  
10.   When you filed your petition, did you have: any cash on hand? any U.S. Savings Bonds? any other stocks or bonds? any Certificates of Deposit? a safe deposit box in your name or in anyone else’s name?
  
11.   Do you own an automobile?
  
12.   Are you the owner of any cash value life insurance policies?
  
13.   Do you have any winning lottery tickets?
  
14.   Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
  
15.   Have you been engaged in any business during the last six years?


Source: Executive Office of U.S. Trustee, Handbook for Standing Trustees, 2012

 

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