Questions a Trustee Asks at a Bankruptcy Meeting
- In each bankruptcy case, the filers must appear before a bankruptcy trustee at what is called a 341 meeting to have the case discharged. Trustees will examine the assets and debt obligations of the filers, as well as their financial history over the previous few years. Knowing beforehand what questions the trustee may ask will help filers be prepared for the meeting and can enable them to feel more at ease with the process.
- To proceed with the hearing, the trustee will first ask each filer if the required identification and documentation was brought to court. The trustee will need to see a photo ID issued by the government, such as a passport or driver's license. A social security card or previous pay stubs with the filer's social security number will also be required. Filers should also bring all of their bankruptcy paperwork, as well as any mortgage statements, deeds to a house and information regarding the balance on any outstanding car loans. Additional required documents also include proof of income, as well as state and federal income tax returns.
- The trustee will want to determine if all of the filer's assets are listing on the bankruptcy paperwork as well as all of the financial obligations that are being included in the filing. For a debt to be discharged at the end of the filing, the consumer must have properly listed the company the money is owed to in the bankruptcy paperwork. The trustee will ask about assets to make sure that no items or monetary funds above the exempt amount allowed per state are present that could be seized and sold to repay the creditors.
- At the 341 meeting, creditors have the right to appear to question the filer regarding the debts that are being discharged. Creditors may ask about the filer's assets, income and any other matters that may apply to the bankruptcy filing. Although the creditors have the option to attend, they are not required to and do not waive any of their rights if they do not. However, if they do not attend and do not object to the filing, they are not allowed to attempt to collect on discharged debts.