Great 341 meeting but...

[samdbtto]

I filed pro se and the 341 meeting went under 3 minutes. The trustee told me I did very well considering I was pro se. He asked if I still owned my car and if the 401k was mine or my wife's and that was about it other than the swearing in a basic questions.

I am slightly worried that the trustee could claim an asset, I did file an amendment but forgot to verify that it was received by the trustee, the amendment included the 401k exemption which I forgot on the first form. My question is, would he have mentioned anything if he had planned on taking it or anything else?, it went great and he seemed very nice, it seems our worries are behind us but I'm a tad worried about that.

[sunshinepa]

It sounds to me like he didn't have a lot of questions on the 401K as he only asked the one. If you are registered in Pacer, you can easily check if the trustee got the amendment, it should show up on the Docket Report.

Congrats on a short 341 and welcome to the forum.

[debee]

Qualified ERISA retirement and 401K plans do not become "property of the estate" so they are out of reach of your creditors and the bankruptcy trustee, and don't need to be exempted for that protection (unless they are held as an IRA). You can read about what becomes property of the bankruptcy estate in 11 USC 541. Just google it if you're interested.

Most plans are ERISA-qualified but there are exceptions like some self-employment funded plans and plans where there is only one participant.