Locations
Topeka – 515 S. Kansas Avenue, Room 402 in Goodell Stratton Edmonds & Palmer Building
Kansas City, KS – 500 State Avenue, Room 173, in Robert Dole U.S. Courthouse (must use north door off Nebraska Street)
Wichita – 401 N. Market Street in U.S. Courthouse
Bring photo ID and proof of SSN
What happens at my 341 meeting?
Don’t worry. We will be there with you. We go with our clients to the 341 meeting. Creditors rarely attend these meetings. No one will be allowed to badger or humiliate you. The meeting is brief.
The trustee will conduct the meeting and swear you in to tell the truth under oath. The trustee will ask questions. A sound recording of the meeting will be made. The trustee is not trying to trick you. Answer truthfully. Short answers are best. If more information is required, another question will be asked. If you do not understand the question, say so. If you do not know the answer, say so. Please do not guess or speculate. We can look up answers in your paperwork and follow up with more documents if needed. We will help you!
Your meeting will last about five minutes, but you may wait 30-60 minutes for your turn. Read the questions the trustee is required to ask listed below and watch the video by licking the link below. You will be relieved. You have nothing to worry about if you have disclosed all your property and creditors and answered all the questions completely and truthfully.
What will they ask me at my 341?
Questions the Trustee is required to ask you at your bankruptcy hearing called a 341(a) meeting of creditors:
1. State your name. Is your current address the same address listed on your petition.
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? (provide trustee with case number and the discharge information to determine discharge eligibility in this case)
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 the claimant’s address and telephone number, but do not state it on the record. Are you current on your post-petition domestic support obligations?
10. Have you filed all required tax returns for the past four years?
SAMPLE QUESTIONS THE TRUSTEE MAY ASK YOU
1. Do you own or have any interest whatsoever in any real estate? If owned: When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value? If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?
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)? If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
3. Does anyone hold property belonging to you? If yes: Who holds the property and what is it? What is its value?
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’ death? If yes: Please explain the details. If you become a beneficiary of any one’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive. FRBP 1007(h).
6. Does anyone owe you money? If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?
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 ? If yes: Inquire as to amounts.
9. Do you have a bank account, either checking or savings? If yes: In what banks and what were the balances as of the date you filed your petition?
10. When you filed your petition, did you have:
a. any cash on hand?
b. any U.S. savings bonds?
c. any other stocks or bonds?
d. any certificates of deposit?
e. a safe deposit box in your name or in anyone else’s name?
11. Do you own an automobile? If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?
12. Are you the owner of any cash value life insurance policies? If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
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? If yes: Where and when? What happened to the assets of the business?
Source: Executive Office of U.S. Trustee, Handbook for Standing Trustees, Effective 03/01/06 App C
Read more: What Will They Ask Me?
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Some rights reserved by Joe Shlabotnik
