Being Prepared - Questions That Will be Asked at your Bankruptcy Hearing
SECTION 341(a) MEETING OF CREDITORS
REQUIRED STATEMENTS/QUESTIONS
1. State your name and current
address for the record.
2. Please provide your picture
ID and Social Security number card for review.
a. If
the documents are in agreement with the 341(a) meeting notice, a
suggested statement for the record is:
"I have viewed the original State of New Jersey drivers 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 service."
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?
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 and the discharge information to
determine the debtor(s) discharge eligibility.)
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?
SAMPLES OF GENERAL QUESTIONS
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 four
years?
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's
death?
If
yes: Please explain the details.
If you become a beneficiary of anyone'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.
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?
CONTACT US FOR A FREE
CONSULTATION
732.302.9600
|