Trustee Questions

[jlc614]

What is the name of your state? NY

In a chapter 7, no asset cas what kind of questions does the trustee ask at your 341 meeting? My meeting is coming up in May and I just get very nervous going into anything unknown. Any responses will be appreciated.

[Ladynred]

Trustee's have a list of questions that they are supposed to ask. No one can tell you exactly what the Trustees in your area will ask. My suggestion to you would be to take some time, if you can, and go to the BK on a day they're having 341 meetings and sit in and listen.

You might also do a search here for '341 meetings' as there have been several posts regarding what was asked by Trustees.

[anabanana]

Ladynred offers the BEST advice you'll get. Definitely go to a couple 341 meetings before your own comes up, and watch so that you know what's coming. It really is nothing scary, particularly if you actually are an "honest debtor" working toward that "fresh start." On the other hand, if you are some lowlife scum trying to screw people out of what you owe them because you have some immature sense of entitlement and a lack of conscience or responsibility, there's probably not much to worry about anyway, because it's not like they have a lot of time to investigate whether you're lying through your teeth anyway.

But for the purposes of being informative, let us presume you are among the former. Don't be uneasy. Most of the trustees I've watched are matter-of-fact, to the point, just trying to get through the pile. I've NEVER seen one be demeaning to a debtor or even rude, though some are kind of abrupt. On the other hand, some bring a little humor to lighten up the proceedings.

But here are the questions off the standard script:
Did you read the schedules before signing?
Did you list all of your assets?
Did you list all of your debts?
Are the schedules accurate?
Do you want to make any corrections to the schedules?
Are your cars insured?

And then if you're lucky, you'll get a trustee who is actually paying attention and has maybe even read through your schedules in advance and will ask you about a couple items, like "...when did you turn in the leased Cadillac?" or "Is that a qualified pension plan? Do you have a statement for that?" This is a good thing, because there are a lot of forms, and even with an attorney or preparer's help, a lot of debtors make inadvertent errors. The trustee isn't trying to nail you, so if you have botched it in some way, just answer the questions frankly and say you misunderstood or screwed it up or whatever, and that you'd like to correct it. They will let you.

They'll also typically ask if you've had any change in circumstances since the filing, and some will even ask you if you've been hassled or contacted by any of your creditors. They'll ask you for whatever supporting documentation they want, and it's usually nothing big, but you'll have to send them copies of whatever they ask for, pay stubs, bank statements, tax returns, etc. They'll ask you to swear to the accuracy of your statements (that's usually at the beginning, tho) and at the end sign something else to that effect, and then usually tell you good luck.

If there are too many irregularities that you can't explain, or for which you do not promptly provide explanations and supporting documentation or whatever, then you're likely to get a negative recommendation, but not that's not even necessarily so. Even of the ugly ones, they move WAYYYYY more through than they kick back. So don't worry. Take a deep breath and make good use of your fresh start.

On the other hand, if you are one of the lying-ass scumbags who is taking advantage of the system to screw everyone else because of your own selfish irresponsibility, then I hope you get Torquemada for a Trustee, and I hope he busts you good.

Have a nice day.

[jlc614]

Thank you for your responses. I wish I could go to some 341 meetings but I got laid off and just startde a new job making much less money so I can't afford to miss a day. I beleive I am one of the people in the first group...my ex (boyfriend not husband) left me with a lot of debt and I have tried to pay it for years but just can't make a debt in it. I was a single mom for two years trying to pay it and even now trying with my husbands income as well just isn't making it. After our basic living expenses ( and I mean basic) we have about $54.00 dollars left. There are no assets and I would really love to be able to rebuild my credit and also possibly in the future (near future hopefully) be able to put some money away for my son to go to college. I would also like to provide my son with a house instead of the tiny apartment we live in, I know a house is a ways off after BK but it is at least 10 years away if even possible if I don't file BK. I actually have less left know after basic living expenses because of my lay-off and actually may have to look for an even smaller apartment.

[creditchaos]

I recently attended my 341 hearing and it was very much as it was explained to you. One question surprised me...and my attorney. I filed a no asset ch 7. The trustee asked me how I would pay for lunch that day. I was surprised for a few moments but as I was being completely honest, I just told the truth. It wasn't an issue. I understand why they have to ask the questions. They would be remiss if they didn't ask for an explaination of what might seem to be a red flag.

You might also do a search here for '341 meetings' as there have been several posts regarding what was asked by Trustees. [/b][/quote]

searching '341 meetings' doesn't work. Any suggestions?