Chap 7, Live In Boyfriends Assets

What is the name of your state? Oregon

Hi. My boyfriend will probably be filing Chapter 7. We live together. Almost everything in the house is mine. When the trustee tries to determine what his assets are for the case, do they actually come to the house and look? Will I have to prove what is mine?

Thank you!

[AttorneyOney]

In a typical ch. 7 case, the debtor appears with his attorney at a so-called "meeting of creditors" presided over by the trustee. Creditors almost never show up for these meetings, which typically last 5 minutes or so. The trustee asks a few basic questions aimed at flushing out assets that might be sold for the benefit of creditors. Again, in a typical case, there are no assets and the trustee almost immediately files a no-asset report. The case then sits there for 60 days waiting for any possible objections to discharge (which almost never happen). Then a discharge order enters and the case is closed.

The trustee is very unlikely to actually visit a debtor's home unless something in the petition or in the debtor's testimony at the meeting of creditors starts a bell ringing. Your boyfriend is obviously not going to list very many household good assets. If he has income, the trustee is going to ask how he gets to work, cooks and eats his food, stays dry when it rains, brushes his teeth, etc. If he tells the truth, that would likely be the end of it.

Thank you!