What Are Common Questions asked at a Bankruptcy 341 Meeting?
Washington State Bankruptcy clients often want to know what kinds of questions they will be asked at the required court meeting with the bankruptcy trustee which is called “the meeting of creditors”. The meeting usually takes place about 4 weeks after the bankruptcy case is filed. A bankruptcy trustee will ask a debtor about their assets and potentially their income and expenses as well as the required questions below. Creditors may also show up at the meeting of creditors but it is not common unless they want to try to prove a case for fraud or have other reasons to make an appearance. Essentially a chapter 7 trustee is looking for non exempt assets that they can take and sell for the benefit of creditors if applicable and in a chapter 13 bankruptcy filing a trustee is making sure a debtor is paying an amount to creditors that reflects their disposable income as well as takes into account potential payments due to non-exempt assets or priority debt payments on non dischargeable debts such as taxes or child support.
If you have additional questions about what to expect at your 341 meeting of creditors feel free to give Symmes Law Group a call at 206-682-7975
Common Questions asked at bankruptcy 341 meeting
1. State your name and current address for the record.
2. Is the ID and Social Security Card/W2 with Full social security number on it your actual ID’s that you made copies of and provided to your attorney to provide to me, the trustee? You can also let the trustee know that your attorney made the copies at the office if that is the case. The trustee may then make a statement for the record that is close to:
“I have viewed the original state of ________ driver’s license (or
other type of original photo ID) and original social security card
(or other original document used for proof) and they match the
name and social security number on the § 341 (a) meeting notice.”
b. If the documents are not in agreement with the 341(a) meeting notice, a suggested
statement for the record is:
“I have viewed the original social security card (or other original
document used for proof) and the number does not match the
number on the § 341(a) meeting notice. I have instructed the
debtor (or debtor’s counsel) to submit to the court an amended
verified statement by [date], with notice of the correct number to
all creditors, the United States Trustee, and the trustee, and to file
with the court a redacted copy of the notice, showing only the last
four digits of the social security number, and a certificate of
c. When the documents do not match the petition, the trustee shall attempt to
ascertain why, and shall report the matter to the United States Trustee.
d. If the debtor did not bring proof of identity and social security number, the trustee
shall determine why.
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?
These statements/questions are required. The trustee shall ensure the debtor answers the
substance of each of the questions on the record. The trustee may exercise discretion and judgment in
varying the wording of the statements/questions, if the substance of the questions is covered.
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
place of prior filing and whether you received a discharge or not in the last bankruptcy).
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
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. (If you do have a domestic support obligation, your attorney will likely have you fill out a separate form prior to your court meeting.
10. Have you read the Bankruptcy Information Sheet provided by the United States